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Federal Judge Urges Donors to Reconsider Law School Funding for Lack of Conservative Scholarship

published October 29, 2024

By Author - LawCrossing

( 4 votes, average: 4.4 out of 5)

What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

Federal Judge Urges Donors to Reconsider Law School Funding for Lack of Conservative Scholarship

 

 


A federal appeals court judge recently argued that donors and taxpayers should reconsider their financial support for law schools unless these institutions make strides to hire more scholars who embrace “originalism.” The conservative judicial philosophy, popular among Republican-appointed judges, seeks to interpret the U.S. Constitution according to its original meaning as understood at the time it was drafted.

U.S. Circuit Judge Amul Thapar, appointed by former President Donald Trump to the 6th U.S. Circuit Court of Appeals in Cincinnati, voiced his concerns about the current state of legal education during a speech hosted by the Heritage Foundation in Washington, D.C. He criticized law schools for what he views as a lack of ideological diversity and a failure to prepare lawyers to argue cases in today's courts.


The Case for More Conservative Legal Thinking in Law Schools



Judge Thapar contends that an imbalance exists within the legal curriculum, where conservative legal interpretations are marginalized in favor of more liberal perspectives. He pointedly stated, "Make no mistake: money talks." He argued that without financial pressure from donors and taxpayers, law schools are unlikely to alter their curricula to include conservative viewpoints. Thapar urged financial supporters of law schools to demand change, suggesting that only then will the cost of a law degree provide students with valuable, real-world skills to practice law effectively.

According to Thapar, current law school education leans heavily on liberal philosophies, while insufficiently preparing students to understand originalism or the conservative interpretations they are likely to encounter in today’s courts. This disconnect, he believes, not only disadvantages students but also impacts the legal community, including the court systems that hire these graduates.


Calls for Intellectual Diversity in Legal Education


Thapar’s speech is part of a growing movement among Republican-appointed judges who believe that legal education should include conservative viewpoints. Some judges have even chosen not to hire clerks from certain law schools they view as overly liberal or insufficiently diverse in legal philosophy.

In his speech, Thapar highlighted that law schools are not sufficiently teaching “the prevailing method of constitutional interpretation” and noted that many institutions sideline originalist theory. “Too often,” he argued, “schools are focusing on postmodern philosophy, critical theory, and the need to abolish the carceral state.” He claimed these approaches detract from students’ ability to understand cases on their terms and encourage a politicized view of judicial decisions.


Originalism and Its Role in Today’s Courts


The philosophy of originalism, which interprets the Constitution as it was understood in the 18th century, has significantly influenced recent Supreme Court rulings on gun rights, abortion, and other constitutional matters. With the current 6-3 conservative majority on the Supreme Court, originalism remains a prominent interpretive method. Thapar argues that law students’ lack of preparation in this approach creates challenges when they appear before judges who expect arguments grounded in originalist reasoning.

As the author of a recent book on Supreme Court Justice Clarence Thomas, Thapar brings a strong understanding of conservative judicial philosophy to his critique. He claims that the resistance to originalism on law school campuses often misrepresents the theory as a politically motivated smokescreen rather than a serious and rigorous interpretive approach.


Thapar's Appeal to Donors and Taxpayers


To address what he perceives as a lack of practical training, Thapar urged donors to reconsider supporting law schools that fail to emphasize intellectual diversity. He suggested that donors and taxpayers should demand reforms, especially in publicly funded institutions, to ensure that law professors are not merely promoting personal political agendas. Thapar concluded that only by demanding commitment to a wider range of viewpoints can law schools truly prepare students for the profession.

"Unless institutions show a genuine commitment to intellectual diversity," he warned, "we are doing a disservice to future clients, trial judges, and the broader legal community."


( 4 votes, average: 4.4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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