Former Supreme Court Justice Anthony Kennedy, now 89 years old, reflects on his distinguished legal career in his upcoming memoir, “Life, Law & Liberty.” The book reveals how his upbringing in the West influenced his views on equality, liberty, and freedom. Kennedy retired from the Supreme Court seven years ago during the Trump administration, having spent his years on the bench contemplating significant constitutional issues.
Career Highlights and Influential Moments
Kennedy’s journey began as a solo practitioner, but his career shifted when then-Governor Ronald Reagan offered him a federal judgeship. He accepted and became the youngest judge on the 9th Circuit Federal Court of Appeals at just 38 years old. His judicial tenure included notable cases, such as presiding over Lynette “Squeaky” Fromme’s bail hearing after her attempted assassination of President Ford.
Impact on the Supreme Court
In the wake of Robert Bork’s and Douglas Ginsburg’s failed nominations, Kennedy received the final nod from Reagan for a Supreme Court seat. His unanimous confirmation reflected his reputation as a thoughtful and impactful judge. Professor Jamal Greene noted that Kennedy was among the most influential justices in the Supreme Court’s history. He often served as the “swing justice,” casting decisive votes on critical issues like the 2000 Presidential election and same-sex marriage.
- Major Decisions:
- Planned Parenthood v. Casey: Upheld a woman’s right to choose regarding abortion.
- Obergefell v. Hodges: Legitimated same-sex marriage, emphasizing the profound nature of marital unions.
- Key Themes:
- Freedom and Liberty: Recurrent themes in his opinions.
- Civility in Discourse: Advocated for respectful conversations, crucial for democracy.
Despite his significant contributions, Kennedy now expresses concern about the current Supreme Court atmosphere. He noted that the justices’ opinions are becoming overly personal and confrontational, which threatens the civility essential to judicial discourse. Kennedy remarked, “Democracy presumes an open, rational, thoughtful, decent discussion.”
Legacy in Question
After stepping down, Kennedy’s decisions, especially regarding abortion rights, faced scrutiny. The Supreme Court’s 2022 reversal of Roe v. Wade marked a pivotal moment, where Justice Samuel Alito labeled previous rulings as “egregiously wrong.” Kennedy maintains his stance on these issues, underscoring the complexity of the debates around them.
Kennedy’s memoir aims to rekindle conversations around civility, ethics, and the importance of respectful dialogue. As he spends time with his grandchildren, he hopes future discourse will return to a more dignified approach.
