Just finished listening to the whole speech. Justice Thomas will never win a prize for best public speaker.
However, he did indeed tackle the issue I mentioned. Dred Scott was one of the very first attempts to allow the judiciary to rule by fiat. It was overturned only by the Civil War.
Yet as Clarence points out, judges learned nothing by this. They still think they have the wisdom to rule by just stating that their policy preferences are part of the Constitution and thus above political give and take.
As bad an idea as in the 1850s, and at least as prone to lead to tyranny, even if it is a tyranny of good intentions.
Thank you for your comments. I appreciate your remarks.