In a fiery speech before the Heritage Foundation, U.S. Circuit Judge Amul Thapar called for a radical rethink of law school funding, urging donors and taxpayers to demand that schools foster “originalist” legal theory. Thapar, a federal judge on the 6th Circuit Court of Appeals and former contender for a Supreme Court seat, argued that the education many law schools offer today fails to prepare lawyers for modern courtrooms where originalist views prevail.
“Money talks,” Thapar declared, emphasizing that if financial support is contingent on reform, law schools would prioritize hiring scholars who teach the philosophy of interpreting the U.S. Constitution through the lens of its original meaning. This approach has guided recent high-profile Supreme Court decisions that expanded gun rights and altered abortion laws.
According to Thapar, law schools are dominated by professors focused on “postmodern philosophy, critical theory, and calls to abolish the carceral state,” rather than the grounding principles he sees as essential for courtroom effectiveness. Professors, he claimed, often misinterpret originalist decisions, casting them as politically motivated rather than rooted in constitutional fidelity.
Thapar’s comments continue a broader campaign among some conservative judges to tackle what they view as ideological homogeneity in law schools. Recent moves have included refusing to hire law clerks from schools seen as ideologically skewed. Thapar urged a financial “reassessment” by donors and government funders alike unless universities demonstrate a “commitment to intellectual diversity” that includes originalist teachings.
The call to action punctuated his speech as he underscored the stakes for future lawyers: without rigorous training in originalism, they’re unprepared to argue before courts where the doctrine is now pivotal.
