OPINION
Justice Clarence Thomas’s Wise Words About 'Experts'
Rob Natelson | Jun 21, 2025
The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
Advocates of government action frequently bolster their case by contending that a “scientific consensus” or the “overwhelming majority of experts” agree with them.
Individuals and lawmakers may consult experts when making their own decisions. But some courts rely on “expert opinions” to overrule the decisions of democratically elected legislatures. This is hard to justify when the purported experts are in court and can be cross-examined. It is impossible to justify when courts rely on the pronouncements of professional associations and other groups that cannot be cross-examined.
Last year, for example, the Montana Supreme Court struck down a state law requiring that a child seeking an abortion obtain parental consent. The court relied partly on the ground that “The American Medical Association and the American Academy of Pediatrics, and other medical organizations, are opposed to parental consent laws.” Then on June 9 of this year, the same tribunal voided a state law designed to protect against fetal pain. The court cited positions taken by the National Academies of Sciences, Engineering, and Medicine and by the American College of Obstetricians and Gynecologists.
A few days later, Justice Clarence Thomas explained why this is not acceptable judicial procedure.
Justice Thomas’s comments came on June 18 in his concurring opinion in United States v. Skrmetti. In that case, the U.S. Supreme Court upheld a Tennessee law banning gender transition treatment for minors. The Biden administration had urged the court to overturn the law, alleging an “overwhelming medical consensus” in favor of transitioning children. The administration’s lawyers asserted that child transitioning had been endorsed by “numerous major medical organizations.”
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READ MORE: https://townhall.com/columnists/robnatelson/2025/06/21/justice-clarence-thomass-wise-words-about-experts-n2659200
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Experts are Not Elected
Justice Thomas’s first point is based on this fundamental truth: Ours is a democratic republic and state lawmakers are elected by the people while experts are not. Legislatures may consult experts if they wish, and it is often advisable to do so. But that choice is up to the legislature. When a court allows the views of unelected experts to overrule the decisions of elected lawmakers, it converts representative democracy into an oligarchy of the elite.
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