Commentary: The Difference Between Judge Jackson and Justice Thomas Is the Difference Between Nihilism and Natural Law

Observers of the Supreme Court should ask themselves what’s the more preposterous mainstream media mindmeld: whether Justice Clarence Thomas should recuse himself or resign over his wife’s political activism, or the legal brilliance of the Supreme Court Justice-to-be, Judge Ketanji Brown Jackson.

Truth be told, what we have here is the myrmidon media’s mockery of the most brilliant Supreme Court justice ever, one they have derisively dismissed as a lawn jockey of the Right, a lackey of the late Justice Antonin Scalia, someone who will be tutored on race by future Justice Jackson, and now a pawn or puppet of his wife. The actual contrast between the two judges could hardly be greater. Of course, neither justice should be held completely responsible for the allies he attracts.

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Commentary: Chief Justice of the Court of Natural Law

Justice Clarence Thomas

Recently, the Heritage Foundation and the Scalia School of Law at George Mason University honored Justice Clarence Thomas on the 30th anniversary of his joining the Supreme Court. A day of panels featuring former Thomas clerks and prominent legal scholars commented on his legacy and future. The justice responded that evening. 

Yet even a full day of often enlightening panels and speeches, doubtless to be supplemented in the years to come by law review issues, articles, and books, misses the crucial fact about Thomas’ jurisprudence that has made him the indispensable justice: his overarching focus on natural law. 

In America natural law comes to sight in the principle of equality, which continues to confuse both conservatives and liberals. With the Democrats’ embrace of “equity,” they have cast aside equality as a principle. Conservatives have never been comfortable with equality to begin with, as Harry Jaffa consistently pointed out in his work. Equality does not mean socialism but rather government by consent, and all the institutions that follow from the preservation of this fundamental element of justice. The clearest expositor of this principle, as Thomas explains, has been Abraham Lincoln, when he attacked the evil of slavery. 

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