If you’ve spent any time following the legal fallout of the last few years, you’ve likely seen a white-haired, soft-spoken man testifying before Congress with the gravity of a prophet. That’s J. Michael Luttig. For decades, he was the gold standard of conservative jurisprudence—the guy whose clerks went on to run the Supreme Court. But lately, he’s been talking about something he calls "27 truths."
It’s not just a list. It’s basically a manifesto for the survival of the American experiment.
Honestly, it’s a bit jarring to hear a man who spent his life defending the establishment talk about "tyranny" coming from within. He wrote this piece for Telos—and has been making the rounds on places like MSNBC and the University of Georgia—drawing a direct line from the 27 grievances the American colonists had against King George III to the 27 truths he believes we need to face today.
What are the Judge Luttig 27 truths actually about?
Luttig isn't just venting. He’s comparing our current moment to 1776. Back then, the colonists listed 27 reasons why they couldn't live under a king anymore. Luttig’s modern version is a mirror image, focusing on how we’ve strayed from the "moral compass" that used to point us toward the rule of law.
He argues that we are currently on a "knife’s edge."
His core argument? Power has drifted away from "We the People" and into the hands of the government and individual politicians who act like they're above the law. He’s particularly worried about the 250th anniversary of the nation approaching in 2026. To him, we’re at a point where we either reclaim these truths or we watch the whole thing slide into a "monarchy by another name."
The big points he hits
- The Rule of Law is King: In America, the law is supposed to be the boss. Not a person. Not a president.
- The 2020 Election: Luttig is blunt. He says the claim that the election was stolen is an "affront to the Constitution."
- The 14th Amendment: He’s been a huge proponent of the idea that Section 3 (the "insurrection clause") should actually matter in the real world.
- Leadership Vacuum: He says we have "no leader and no leadership" because politicians are following like "lemmings" toward a cliff.
Why a "Conservative" Judge is saying this
It’s easy to dismiss political talk as just more "us vs. them" noise. But Luttig is different. He’s a "textualist." He’s the guy who advised Mike Pence on January 5th, telling him point-blank that he had zero authority to overturn the election. Pence actually cited Luttig’s counsel when he decided to certify the votes.
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That matters.
Luttig isn't some liberal activist. He was appointed by George H.W. Bush. He was almost a Supreme Court nominee himself. When a guy like that says the "institutions of our democracy and law are under vicious, unsustainable, and unendurable attack," you kinda have to stop and listen. He believes the GOP has lost its way, trading constitutional principles for a cult of personality.
The 2024 (and 2026) Warning
One of the scariest parts of the Judge Luttig 27 truths narrative is his warning about the future. He’s gone on record saying that 2020 was basically a "dry run."
He thinks the legal strategies used to try and flip the last election are being refined. He talks about the "independent state legislature" doctrine and how it could be weaponized. He’s not just worried about a riot; he’s worried about a "legal" coup where the popular vote is simply ignored by partisan legislatures.
It’s heavy stuff.
The 27 Truths vs. The 27 Grievances
Luttig deliberately modeled his essay after the Declaration of Independence. The original 27 grievances were about a king who refused to pass laws, obstructed justice, and kept standing armies among the people.
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Luttig’s "truths" are the modern counter-punches:
- Truth: No one is above the law, including the President.
- Truth: Truth itself is a cornerstone of democracy; you can't have a republic based on a lie.
- Truth: The peaceful transfer of power isn't a suggestion; it’s the whole ballgame.
He believes we’ve become "adrift." We’ve lost the perspective that allows us to disagree on policy while agreeing on the system itself. Now, the system is the battlefield.
What most people get wrong about Luttig
A lot of people think he’s "gone rogue" or switched sides. If you actually read his legal briefs, though, he hasn't changed at all. His judicial philosophy is exactly what it was thirty years ago. What changed is the political environment around him.
He’s still a "law and order" guy. It’s just that now, he sees the "disorder" coming from the top of the Republican party.
He’s been incredibly active with the Society for the Rule of Law and the Kettering Foundation. He’s not retiring to a quiet life of golf. He’s spent the last few years filing amici curiae (friend of the court) briefs in the Supreme Court, trying to explain why the "insurrectionist" label isn't a political slur, but a legal reality under the 14th Amendment.
Why these truths matter to you right now
It’s easy to feel like this is all high-level legal jargon that doesn't affect your daily life. But Luttig’s point is that the "culture of restraint" is what keeps the country stable. When that breaks, everything else—the economy, personal freedoms, even basic safety—starts to wobble.
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We’re seeing the normalization of "revenge politics." Luttig warns that if we don't return to these 27 truths, we’re essentially inviting a "slow coronation."
He’s calling for a "patriotic reaffirmation." It’s not about voting for a specific party; it’s about demanding that whoever you vote for actually respects the boundaries of the office.
Actionable steps to take
If you’re concerned about the state of things, don't just doomscroll.
- Read the actual Declaration of Independence: Compare it to the modern critiques Luttig is making. The parallels are pretty wild.
- Support Civic Education: Luttig often says the "people" are the ultimate guardians of the Constitution. If we don't know what's in it, we can't defend it.
- Demand Accountability: Whether it’s at the local or national level, the "rule of law" only works if there are consequences for breaking it.
The Judge Luttig 27 truths aren't just a history lesson. They’re a checklist for a country that might be losing its way. He’s essentially saying that we’ve been given a "more perfect union," but we’re the ones responsible for keeping it that way.
The next few years leading into the 250th anniversary will be the test.
Luttig’s work suggests that democracy isn't something we "have." It’s something we "do." And right now, we might need to do it a lot better if we want to keep the "beacon of freedom" from flickering out.
To stay informed, track the ongoing work of the Society for the Rule of Law or look into the American Bar Association Task Force on American Democracy, where Luttig serves as co-chair. These organizations are actively working to translate these "truths" into policy and legal protections that can withstand the pressure of future elections. Understanding the legal arguments behind the 14th Amendment and the Electoral Count Act is the first step in recognizing the safeguards that protect your vote.