Retired Supreme Court Justice Anthony Kennedy has expressed concern over the current state of the judiciary, but his past actions raise serious questions about his credibility. At a recent forum titled "Global Risks to the Justice System—A Warning to America," Kennedy lamented threats against judges and the erosion of judicial independence, while conveniently ignoring his role in enabling the very crisis he now decries.
Kennedy's Role in the Conservative Court Takeover
Kennedy's remarks come as a stark contrast to his decision in 2018 to lobby then-President Donald Trump for the appointment of Brett Kavanaugh, a move that has since contributed to the Supreme Court's transformation into a conservative stronghold. By facilitating Kavanaugh's confirmation, Kennedy helped solidify a court willing to prioritize partisan agendas over judicial integrity. As reported by Politico, Kavanaugh was known to hold views that aligned with Trump's litmus tests, particularly regarding abortion and LGBTQ+ rights.
Judicial Independence Under Siege
In his speech, Kennedy stated, "Judges decide issues which have political consequences, but they don’t decide in a political way." This assertion is deeply problematic given the context of a judiciary increasingly under attack from the Trump administration. The notion that judges can operate free from political influence is painfully naive, especially when Trump and his allies have openly targeted judges who oppose their agenda. According to Daily Kos, judges have faced threats and calls for impeachment simply for executing their legal responsibilities.
The Supreme Court Building - Supreme Court of the United States
Threats and Violence Against Judges
Kennedy's speech highlighted threats against judges but failed to address the source of these threats. As reported by Reuters, judges like James A. Boasberg and John Coughenour have faced violent reprisals for rulings against Trump policies. The fact that Kennedy neglected to call out the toxic rhetoric coming from Trump and his supporters is indicative of his unwillingness to confront the consequences of his past decisions.
Congressional Attacks on Judicial Authority
In addition to threats from the executive branch, Congressional Republicans have actively sought to undermine judicial authority. Proposals to impeach judges for blocking illegal actions from the Trump administration reflect a concerted effort to erode the checks and balances essential to democracy. As outlined by Reuters, legislation aimed at restricting judges' power has surfaced, demonstrating a clear intent to manipulate the judiciary for partisan gain.
Recapping Day 3 of the Kavanaugh confirmation hearing | Fox News Video
Kennedy's Vague Appeals for Judicial Integrity
Kennedy's call for "judicial independence" and a stand against tyranny rings hollow when juxtaposed against his past. His failure to name names or hold accountable those who are actively dismantling the rule of law reveals the limits of his commitment to justice. The former justice's high-minded rhetoric does little to address the realities faced by judges today, who operate under the constant threat of political retribution.
While Kennedy may continue to deliver speeches that emphasize the importance of the judiciary, his actions have contributed to the very crisis he now warns against. Until he acknowledges his complicity in this erosion of judicial independence, his words remain an empty gesture in the face of a mounting assault on democracy.
