Posted on 06/18/2025 4:13:23 PM PDT by E. Pluribus Unum
Associate Justice Clarence Thomas has never been shy about telling it like it is in his Supreme Court opinions. So, it came as little surprise when he demolished the so-called “expert class” in the high court’s Wednesday opinion in U.S. v. Skrmetti.
In a 6-3 ruling, SCOTUS deemed a Tennessee law prohibiting the surgical and chemical castration of minors does not violate the 14th Amendment’s equal protection clause. The decision came along ideological lines, with all six Republican appointees voting in the affirmative and all three Democrat appointees dissenting.
While signing onto Chief Justice John Roberts’ majority opinion in the case, Thomas also authored a separate concurring opinion “to address some additional arguments made in defense of Tennessee’s law.” It was here that the Court’s most senior justice shattered attempts by plaintiffs — which included the Biden administration — to “accord outsized credit to claims about medical consensus and expertise.”
Thomas noted that the Biden administration “asserted that ‘the medical community and the nation’s leading hospitals overwhelmingly agree’ with the Government’s position that the treatments outlawed by SB1 can be medically necessary,” with the implication being “that courts should defer to so-called expert consensus.” However, the George H.W. Bush appointee argued, “There are several problems with appealing and deferring to the authority of the expert class.”
“First, so-called experts have no license to countermand the ‘wisdom, fairness, or logic of legislative choices.’ … Second, contrary to the representations of the United States and the private plaintiffs, there is no medical consensus on how best to treat gender dysphoria in children,” Thomas wrote. “Third, notwithstanding the alleged experts’ view that young children can provide informed consent to irreversible sex-transition treatments, whether such consent is possible is a question...”
(Excerpt) Read more at thefederalist.com ...
Great news…….thanks
Great post! Thank you.
Thomas wrote. “Third, notwithstanding the alleged experts’ view that young children can provide informed consent to irreversible sex-transition treatments, whether such consent is possible is a question of medical ethics that States must decide for themselves. Fourth, there are particularly good reasons to question the expert class here, as recent revelations suggest that leading voices in this area have relied on questionable evidence, and have allowed ideology to influence their medical guidance.”
“Taken together,” the senior justice wrote, “this case serves as a useful reminder that the American people and their representatives are entitled to disagree with those who hold themselves out as experts, and that courts may not ‘sit as a super-legislature to weigh the wisdom of legislation.'”
The reality is that the ‘expert’ class is often too biased and saddled with conflict of interest to be able to be taken seriously as independent purveyors of relevant information.
He could have stopped right there. The elected representatives of the people are entitled to make stupid laws, or laws that seemingly go against the best interests of the country and the population. It is not the role of courts to second-guess the wisdom of legislative enactments.
End of story.
At one time experts claimed black people were inferior and therefore deserved to be enslaved.
At one time medical experts treated many symptoms by bleeding the patient with leeches in order to keep the humors in the body balanced.
Based on the claims of climate change experts, Glacier National Park erected signs throughout the park claiming the all of the park’s glaciers would disappear by 2020.
At one time mental illness was treated by surgically removing sections of the brain.
The United States invaded Iraq in 2003 based on the assertion of intelligence experts Iraq had developed weapons of mass destruction.
At one time medical experts appeared in advertising proclaiming the health benefits of smoking.
At one time medical experts used mercury to treat syphillis.
In the 1870’s the experts at Western Union declined to purchase Alexander Graham Bell’s telephone patents because it was a “toy” and in their expert opinion the telegraph would continue to dominate communication.
At one time government medical experts approved and conducted medical experiments in which black men were infected with syphillis without their consent or knowledge.
In the 1970’s computer experts insisted there was no reason anyone would want a computer in their homes
Prior to its first voyage maritime experts claimed the passenger ship the Titanic was unsinkable.
In the 1890’s the most prominent physicists claimed heavier than air flying machines were impossible.
In recent years medical experts insist Covid 19 was spread by unvaccinated people and the vaccine was 100% safe.
At one time experts insisted the earth was flat.
Experts throughout history have frequently been wrong.
Our wonderful Justice Thomas has outdone himself. He is possibly better than Scalia at defending our Constitutional order. May God bless him and make him Chief Justice—soon.
And notice, the “experts” are almost always self-appointed, and available for a price.
No arguing with the overall thrust of your post (the “experts” can and often are wrong) but your point above is not entirely accurate from what I know.
The government did not infect those men with syphilis. They already had it. The government simply identified them, put them in a study group, followed them for years, but did not treat them for the disease. At that point, we don't know if treatments would have worked… syphilis reaches a point where it can't be treated, but they should have tried. That is very different than giving them the disease. Reprehensible yes, but not what you indicated.
“Prior to its first voyage maritime experts claimed the passenger ship the Titanic was unsinkable.”
One time the experts were actually RIGHT was when they said that the stupid sub going to the Titanic was a piece of crap.
(I figure someone here has to defend ‘experts’)
Awesome smack to lower judges stepping out of their lanes and Roberts for standing aside while they try.
Nice broad list - off the top of your head?
Bravo, Mr. Justice Thomas. One of the greatest Justices ever!
“Nice broad list - off the top of your head?”
Yes
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