Justice Anthony Kennedy reflects on Supreme Court and his historic legacy

Key Concepts

• Star Decisis: The legal principle of relying on precedents set by previous court decisions.
• Equal Dignity in the Eyes of the Law: A central tenet of Kennedy’s jurisprudence, particularly in cases concerning LGBTQ+ rights.
• Swing Justice: A justice whose vote is often decisive in closely divided cases.
• Bush v. Gore: The 2000 Supreme Court case that resolved the disputed presidential election.
• Roe v. Wade: The 1973 Supreme Court case establishing a woman’s constitutional right to abortion.
• Originalism: A legal philosophy emphasizing the original intent of the framers of the Constitution.
• Partisanship: Strong loyalty to a political party.

The Legacy of Justice Anthony Kennedy: A Rare Interview

Retired Supreme Court Justice Anthony Kennedy, in a rare on-camera interview, reflects on his 30 years on the bench, his landmark decisions, and the current state of the Court and the nation. The interview, conducted by Deon Dwire, covers a wide range of topics, from Bush v. Gore to abortion rights and same-sex marriage, offering insights into Kennedy’s judicial philosophy and concerns about the increasing polarization of American society.

I. Reflections on the Court and its Current Docket

Kennedy, at 89, maintains chambers at the Court and remains aware of its current workload. He acknowledges the “collective magnitude” of the present docket, citing cases involving tariffs, presidential power, birthright citizenship, race, and gerrymandering, many of which are being decided on emergency motions. He expresses concern about attacks on judges and the increasingly hostile rhetoric surrounding the Court, stating, “This is not the way the court should write its opinion.” He believes partisanship has become “too important” in judicial confirmations, contrasting his own unanimous confirmation with the current political climate.

II. Judicial Philosophy and Landmark Decisions

Kennedy consistently resisted being categorized by traditional legal philosophies like conservatism, liberalism, originalism, or progressivism. He explains, “There wasn’t one philosophy, one theory that was so prominent that I wanted to adhere to it.” This independent approach was evident in his pivotal role in several landmark cases.

He reveals that in 1992, while drafting the opinion affirming a right to abortion, he experienced significant moral conflict and even contemplated resignation, stating he felt compelled to put his name on a decision upholding what he considered a “grave moral wrong.” When asked about the overturning of Roe v. Wade years later, he declined to comment directly, expressing hope for a “discussion in which the voice of the infant can be heard.”

Regarding Bush v. Gore, Kennedy confirms he was tasked with writing the unsigned opinion that ended the Florida recount, effectively securing the presidency for George W. Bush. He maintains that the decision was “right,” asserting that allowing legal impropriety in a presidential election to stand would have been unacceptable.

III. The Evolution of Views on Gay Rights

Kennedy’s impact was most profound in the area of LGBTQ+ rights. He details a gradual evolution in his understanding, explaining that over time he came to recognize “the hurt and the anguish and the desire” of gay and lesbian individuals “to live a wonderful life and contribute to our country.” His opinions in Lawrence v. Texas (striking down laws criminalizing same-sex intimacy) and Obergefell v. Hodges (extending marriage rights to same-sex couples nationwide) were transformative.

He acknowledges the cultural impact of his words, particularly the phrase “Equal dignity in the eyes of the law,” which is now frequently used at wedding ceremonies. When asked if his rulings on gay rights will endure, he invokes the principle of star decisis, noting that its application depends on “reliance” and expressing cautious optimism.

IV. Personal Loss and its Influence

The interview delves into Kennedy’s personal life, highlighting the profound impact of several losses – his sister Nancy, his mother, his brother Tim, and his son Greg – all occurring within a short period. He reflects on these experiences, stating, “We often think we’re going to be knocking on heaven’s door. We forget that the Lord is knocking on our door to say remember how beautiful this world is.” He believes these losses instilled in him a deep appreciation for shared humanity and the importance of finding joy amidst sorrow.

V. Concerns about American Society and the Future

Kennedy expresses deep concern about the intensifying partisanship and “vulgar political rhetoric” in the United States, viewing them as a crisis with global implications. He advocates for “a campaign against vulgarity” and emphasizes the importance of America setting a “good example” for the world, stating, “It will always be an example for the world, but it has to be a good example. And we’re falling a bit short of that. We have to work harder.” He extends this concern to the Supreme Court, worrying about the influence of partisanship on its deliberations.

VI. Legacy and Influence on Current Justices

Kennedy acknowledges the presence of two former clerks, Justices Neil Gorsuch and Brett Kavanaugh, on the current Court, viewing them as “wonderful” and “very fine judges.” While he admits he doesn’t know if they are “listening,” he expresses hope that his influence will be felt. He clarifies that any potential disagreement with their votes does not cause “personal hurt,” emphasizing the need for detachment in the profession.

VII. Final Reflections and Desired Remembrance

Kennedy concludes by emphasizing the importance of humility in the law and humanity in public service. He reiterates that a justice is “a very small part of this ongoing search for truth and justice and wisdom and fairness.” He hopes to be remembered as “being fair and and and honest.”

Conclusion:

The interview provides a rare and intimate glimpse into the mind of one of the most influential justices in modern American history. Kennedy’s reflections reveal a complex and nuanced judicial philosophy, shaped by both legal principles and personal experiences. His concerns about the increasing polarization of American society and the integrity of the Supreme Court serve as a poignant reminder of the challenges facing the nation and the importance of upholding the principles of fairness, honesty, and respect for the rule of law.