Former Justice Kennedy: Democracy’s Future Precarious

Retired U.S. Supreme Court Justice Anthony Kennedy has issued a stark warning, expressing profound concerns that “democracy is not guaranteed to survive” amidst an alarming rise in “much more prevalent and more bitter” partisanship within the legal discourse emanating from the nation’s highest court. These sobering reflections come from an upcoming interview with NPR’s Nina Totenberg, scheduled for publication in October.

Strikingly, Totenberg revealed she pressed Kennedy on whether he still believed the Supreme Court’s landmark decisions would remain firmly established – a confidence he articulated upon his retirement in 2018, during the first term of then-President Donald Trump. Seven years after that assertion, NPR reported that Kennedy “demurred,” declining to reaffirm his earlier certainty. This shift in perspective arrives three years after the federal right to abortion, once enshrined by the *Roe v. Wade* ruling, was dramatically overturned by a conservative supermajority on the court, solidified by three appointments made by President Trump.

Erosion of Respectful Discourse

Kennedy, an appointee of President Ronald Reagan, lamented the current state of public and legal debate. “We live in an era where reasoned, thoughtful, rational, respectful discourse has been replaced by antagonistic, confrontational conversation,” he observed. His critique extended directly to his former institution, highlighting a disturbing trend he perceives within its opinions. “It seems to me the idea of partisanship is becoming much more prevalent and more bitter. And my concern is that the court in its own opinions … has to be asked to moderate and become much more respectful.”

During his three decades on the Supreme Court bench, Justice Kennedy cultivated a reputation as a moderately conservative jurist, often serving as a pivotal swing vote. He famously authored the majority opinion in *Obergefell v. Hodges* (2015), the landmark decision that legalized same-sex marriage nationwide. It was in this context of deep concern for the judiciary’s role and the nation’s foundational principles that Kennedy delivered his ominous final thought: “Democracy is not guaranteed to survive.”

Memoir and Looming Court Challenges

Kennedy’s candid remarks coincide with the impending release of his new memoir, titled *Life, Law & Liberty*, set to be published on October 14. His statements also arrive as the Supreme Court prepares to commence its new nine-month term on October 6. This upcoming term is anticipated to be particularly significant, as the court may consider a request to revisit and potentially overturn the very *Obergefell* decision that Kennedy himself championed.

The potential challenge to *Obergefell* underscores the volatile legal landscape and the deep ideological divisions that now characterize the Supreme Court. The current court features a six-member conservative bloc, which includes Justice Clarence Thomas, who has separately voiced opinions that could impact established precedents. Kennedy’s cautionary words resonate as a powerful appeal for judicial restraint and a return to consensus-building, delivered by a figure who once embodied the court’s capacity for bridging divides.

Source: The Guardian