Explore the Revelations in Justice Kennedy’s Stunning New Memoir
Retired Justice Anthony Kennedy has released his memoir, Life, Law and Liberty, on October 14. His book reveals his judicial philosophy and explores significant cases during his tenure. Readers will gain insights into his thoughts on originalism, controversial cases, and his personal encounters with international figures.
Judicial Decision-Making
Kennedy emphasizes judicial humility and integrity in decision-making. He believes the Supreme Court earns respect through thoughtful decisions. He acknowledges errors in judgment but insists on clarity and proper reasoning in judicial processes.
Constitutional Interpretation
Justice Kennedy rejects both originalism and pragmatism as complete judicial philosophies. He argues that while original meanings are instructive, broader contexts must be considered. He suggests constitutional interpretation evolves to provide a better perspective over time.
Notable Cases and Opinions
- Citizens United v. Federal Election Commission: Kennedy defends the decision against campaign finance restrictions, emphasizing the voters’ power for disclosure and selection.
- Obergefell v. Hodges: He authored the opinion affirming same-sex marriage rights, recognizing societal shifts in views on marriage. Personal tensions with Justice Scalia are notable here, ending in a final reconciliation.
- Bush v. Gore: Kennedy reflects on the pressures of the rapid decision-making process, emphasizing impartiality over political considerations.
- Texas v. Johnson: A case emphasizing the price of freedom, Kennedy supports the decision protecting flag burning under the First Amendment.
Personal Reflections
Kennedy resented being labeled a “swing justice.” He stresses that cases, not justices, determine outcomes. He grappled with personal beliefs versus judicial duties, particularly on the topic of abortion. He chose to uphold the judicial oath despite personal conflicts.
International Encounters
In Life, Law and Liberty, Kennedy recounts meetings with world leaders, including Vladimir Putin. An intense moment with Putin emphasized the Russian leader’s fearless dominance and strategic legal use.
On Court Dynamics and Personal Incidents
Kennedy opposes courtroom cameras, arguing they’d disrupt dynamics among justices and lawyers. He also narrates past personal experiences, including threats allegedly linked to the Manson family case, highlighting the risks facing public servants.
Music and Personal Taste
Kennedy shares lighter moments, discussing his family’s musical preferences, which he found avant-garde. He humorously acknowledges differing views on artists like Tom Petty and AC/DC.
