Retired Supreme Court Justice Anthony Kennedy recently expressed concerns about the current state of political discourse in the United States. He believes that partisanship is increasingly affecting the judiciary, a situation that he finds troubling. In an interview with The Associated Press, Kennedy emphasized that the tone of recent court opinions is more disconcerting to him than the actual outcomes of the cases.
Justice Kennedy on Political Discourse
According to Kennedy, the growing partisanship is evident in how justices perceive themselves. “The justices have to resist thinking of themselves as being partisan,” he stated. He refrained from naming specific justices or cases but criticized the personal nature of some recent judicial opinions. Kennedy noted that evaluations should focus on the opinions themselves, rather than the individuals who authored them.
Concerns About Current Political Climate
Kennedy expressed disappointment over the use of vulgar language by political figures, including members of Congress and former President Donald Trump. “The rest of the world looks to us to see how free speech works and how democracy functions,” he said, stressing the need for a more elevated dialogue among high officials.
- Kennedy worries for the future as the nation approaches its 250th anniversary.
- He is uncertain about the next 250 years of American democracy.
Justice Kennedy’s Memoir
Kennedy’s new memoir, titled “Life, Law & Liberty,” is set to be published soon. It explores his early life in Sacramento, California, and his lengthy career as a federal judge, particularly his 30 years on the Supreme Court. The memoir includes contributions from notable figures, including the late writer Joan Didion, who offered insights on early drafts.
In his reflections on family, Kennedy shared memories of his late son, Gregory, who passed away unexpectedly in January. This personal loss has affected him deeply.
The Changing Landscape of the Supreme Court
Since Kennedy’s retirement in 2018, the Supreme Court has shifted significantly towards conservatism. This change is notable following the death of Justice Ruth Bader Ginsburg. Several of Kennedy’s previous opinions, including those pertaining to abortion and same-sex marriage rights, have since been overturned.
- Kennedy co-authored a crucial decision preserving abortion rights in 1992.
- Justice Clarence Thomas suggested reevaluating Kennedy’s same-sex marriage opinion.
- Upcoming cases may address the Obergefell v. Hodges decision regarding same-sex marriage.
Kennedy shared a memory of a dissent from Justice Antonin Scalia, which became personal and affected their relationship. Despite differences, the two remained friends. Kennedy noted an apology from Scalia shortly before the latter’s death, underscoring their complicated but enduring friendship.
Reflections on Trump and Leadership
Kennedy’s views on former President Trump are complex. While recognizing Trump’s intemperate remarks, he described an encounter with the president as “gracious” and “cordial.” He recalled a consultation regarding judicial appointments, including Justice Brett Kavanaugh. However, he clarified that there was no advance discussion about his retirement plans with Trump or anyone in the administration.
In closing, Kennedy remarked on the need for leaders to foster a love for democracy, a sentiment he expressed during a public moment with Trump. His reflections culminate in a call for more respectful discourse in American politics, crucial for the nation’s democratic future.
