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Anthony McLeod Kennedy
Associate Justice of the United States Supreme Court
Incumbent
Assumed office  February 11, 1988[1]
Nominated by	Ronald Reagan
Preceded by	Lewis F. Powell, Jr.
Judge for the Ninth Circuit U.S. Court of Appeals
In office 1975 – 1988
Nominated by	Gerald Ford
Preceded by	Charles Merton Merrill
Succeeded by	Pamela Ann Rymer
Born	July 23, 1936 (1936-07-23) (age 73) Sacramento, California
Spouse(s)	Mary Davis Kennedy
Alma mater	Stanford University (B.A.) London School of Economics Harvard Law School (LL.B.)
Religion	Roman Catholic[2]

Anthony McLeod Kennedy (born July 23, 1936) is an Associate Justice of the U.S. Supreme Court, having been appointed by Republican President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy is often considered the swing vote on many of the Court's politically charged 5–4 decisions, although he reaches conservative results more often than not.

Personal history

Kennedy was born and raised in Sacramento, California as the son of a prominent attorney. He is not a member of the Kennedy political family. As a boy he came into contact with prominent attorneys such as Earl Warren. He served as a page in the California State Senate as a young man.^[3]

Kennedy graduated from C. K. McClatchy High School in 1954. He was an undergraduate student at Stanford University from 1954-58, graduating with a B.A. in Political Science, after spending his senior year at the London School of Economics. ^[4] He earned an LL.B from Harvard Law School in 1961.

Kennedy was in private practice in San Francisco, California, from 1961–1963, then took over his father's practice in Sacramento, California, from 1963–1975 following his father's death.^[3] From 1965 to 1988, he was a Professor of Constitutional Law at the McGeorge School of Law, University of the Pacific ^[4] and currently continues teaching law students (including legal seminars during McGeorge's European summer sessions in Salzburg, Austria). He remains Pacific McGeorge's longest-serving active faculty member.

During Kennedy's time as a California legal professor and attorney, he assisted then-California Governor Ronald Reagan with drafting a state tax proposal.^[3]

Kennedy has served in numerous positions during his career, including the California Army National Guard in 1961 and the board of the Federal Judicial Center from 1987-1988. He also served on two committees of the Judicial Conference of the United States: the Advisory Panel on Financial Disclosure Reports and Judicial Activities (subsequently renamed the Advisory Committee on Codes of Conduct) from 1979-1987, and the Committee on Pacific Territories from 1979-1990, which he chaired from 1982–1990.

On March 3, 1975, upon the recommendation of Reagan^[3], President Gerald Ford nominated Kennedy to a seat on the United States Court of Appeals for the Ninth Circuit vacated by Charles Merton Merrill. Kennedy was unanimously confirmed by the United States Senate on March 20, 1975, and received his commission on March 24, 1975.

Appointment

On November 30, 1987, Kennedy was nominated to the Supreme Court seat vacated by Lewis F. Powell, Jr., after Reagan's failed attempts at placing Robert Bork and Douglas Ginsburg there.^[5][6]

While vetting Kennedy for potential nomination, some of Reagan's Justice Department lawyers said Kennedy was too eager to put courts in such disputes that many conservatives would rather leave to legislatures, and to identify rights not expressly written in the Constitution.^[7] Kennedy's stance in favor of privacy rights drew criticism; Kennedy cited Roe v. Wade and other privacy right cases favorably, which one lawyer called "really very distressing."^[8]

In another of the opinions Kennedy wrote before coming to the Supreme Court, he criticized (in dissent) the police for bribing a child into showing them where the child's mother hid her heroin; Kennedy wrote that "indifference to personal liberty is but the precursor of the state's hostility to it."^[9] The Reagan lawyers also criticized Kennedy for citing a report from Amnesty International to bolster his views in that case.^[9]

Another lawyer pointed out "Generally, [Kennedy] seems to favor the judiciary in any contest between the judiciary and another branch."^[9]

Kennedy endorsed Griswold v. Connecticut as well as the right to privacy, calling it "a zone of liberty, a zone of protection, a line that's drawn where the individual can tell the Government, 'Beyond this line you may not go.'"^[10] This gave Kennedy more bipartisan support than Bork and Ginsburg. The United States Senate confirmed him on February 3, 1988, by a vote of 97 to 0.^[10] Kennedy received his commission on February 11, 1988.

Supreme Court tenure

Jurisprudence

Appointed by a Republican president, Kennedy’s tenure on the Court has seen him take a somewhat mixed ideological path; he usually takes a conservative viewpoint, but sometimes has looked at cases individually.^[3]

Kennedy, or Sandra Day O'Connor, or both of them, have served as swing voters in many 5-4 or 6-3 decisions during the Rehnquist and Roberts Courts. On issues of religion, he holds to a far less separationist reading of the Establishment Clause than did Sandra Day O'Connor, favoring a "Coercion Test" that he detailed in County of Allegheny v. ACLU.

Kennedy supports a broad reading"liberty" protected by the Due Process Clause of the Fourteenth Amendment, which means he supports a constitutional right to abortion in principle, though he has voted to uphold several restrictions on that right, including laws to prohibit partial-birth abortions. He is "tough on crime" and opposes creating constitutional restrictions on the police, especially in Fourth Amendment cases involving searches for illegal drugs, although there are some exceptions, such as his concurrence in Ferguson v. City of Charleston. He also takes a very broad view of constitutional protection for speech under the First Amendment, invalidating a congressional law prohibiting "virtual" child pornography in the 2002 decision, Ashcroft v. ACLU.^[11]

Abortion

In 1990, Justice Kennedy upheld a restriction on abortion for minors; it required both parents to consent to the procedure. The case was Hodgson v. Minnesota.

In 1992, he joined Justice Sandra Day O'Connor's controlling plurality opinion in the case of Planned Parenthood v. Casey (1992), which re-affirmed in principle (though not in many details) the Roe v. Wade decision recognizing the right to abortion under the Due Process Clause of the Fourteenth Amendment. The plurality opinion, signed jointly by three justices appointed by the anti-Roe presidential administrations of Ronald Reagan and George H.W. Bush, ignited a firestorm of criticism from conservatives. Kennedy had stated at least as early as 1989 that, in order to uphold precedent, he might not overrule Roe; he had also taught Roe as a professor for fifteen years.^[12] At the same time, Kennedy reportedly had considered overturning Roe, according to court insiders, but in the end decided to uphold restrictions without overturning precedent.^[13]

In later abortion decisions, it became apparent that Kennedy thought Casey had narrowed the Roe decision and allowed more restrictions. Because of a changed composition on the Court under President Clinton, Kennedy was no longer the fifth vote to strike down abortion restrictions. Thus, O'Connor became the Justice who defined the meaning of Casey in subsequent cases while Kennedy was relegated to dissents in trying to explain what he thought the Casey holding meant. For example, Kennedy dissented in the 2000 decision of Stenberg v. Carhart, which struck down laws criminalizing partial-birth abortion.

After the judicial appointments of President George W. Bush, Justice Kennedy again became the needed fifth vote to strike down abortion restrictions. Since Kennedy's conception of abortion rights is more narrow than O'Connor's, this has led to a slightly more lenient review of abortion restrictions since 2006. Kennedy wrote the majority opinion in 2007's Gonzales v. Carhart, which held that a federal law criminalizing partial birth abortion did not violate the principles of Casey because it did not impose an "undue burden." The decision did not expressly overrule Stenberg, although many commentators saw it having that effect.^[14]

Gay rights and homosexuality

Kennedy has often taken a strong stance in favor of expanding Constitutional rights to cover sexual orientation. He wrote the Court's opinion in the controversial 1996 case, Romer v. Evans, invalidating a provision in the Colorado Constitution denying homosexuals the right to bring local discrimination claims. In 2003, he authored the Court's opinion Lawrence v. Texas, which invalidated criminal prohibitions against homosexual sodomy under the Due Process Clause of the United States Constitution, overturning the Court's previous contrary ruling in 1986's Bowers v. Hardwick. In doing so, however, he was very careful to limit the extent of the opinion, declaring that the case did not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter. In both cases, he sided with the more liberal members of the Court. Lawrence also controversially referred to foreign laws, specifically ones enacted by the Parliament of the United Kingdom and the European Court of Human Rights, in justifying its result. Kennedy voted, with 4 other Justices, to uphold the Boy Scouts of America's organizational right to ban homosexuals from being scoutmasters in Boy Scouts of America v. Dale in 2000. On 19 October 2009 Justice Kennedy temporarily blocked Washington state officials from releasing the names of people who signed petitions for a referendum ballot measure that would repeal a gay rights domestic partnership law.

Capital punishment

Kennedy has generally voted to restrict the use of the death penalty. With the Court's majority in Atkins v. Virginia and Roper v. Simmons, he held unconstitutional the execution of the mentally ill and those under 18 at the time of the crime. However, in Kansas v. Marsh, he declined to join the dissent, which questioned the overall "soundness" of the existing capital punishment system. His opinion for the Court in Roper, as in Lawrence, made extensive reference to foreign law, drawing the ire of then-House Majority Leader Tom DeLay who called Kennedy's opinion "incredibly outrageous".^[15] Conservative commentator Phyllis Schlafly called for Kennedy's impeachment.[1]

On June 25, 2008, Kennedy authored the 5-4 majority opinion in Kennedy v. Louisiana. The opinion, which was joined by the court's four more liberal judges, held that "[t]he Eighth Amendment bars Louisiana from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim's death." The opinion went on to state, "The court concludes that there is a distinction between intentional first-degree murder, on the one hand, and non-homicide crimes against individuals, even including child rape, on the other. The latter crimes may be devastating in their harm, as here, but in terms of moral depravity and of the injury to the person and to the public, they cannot compare to murder in their severity and irrevocability." The opinion concluded that in cases of crimes against individuals, "the death penalty should not be expanded to instances where the victim's life was not taken." Thus, this ruling is expected to effectively limit the use of the death penalty for a crime against an individual not involving murder. However, it is important to note that this decision is unlikely to impact the use of the death penalty in relation to military justice or for crimes against the state such as terrorism, espionage, or treason.

Conservative commentator Matthew Continetti called the 2008 Kennedy v. Louisiana ruling, which held that the death penalty could not be applied to lesser crimes than homicide, or crimes against the state such as treason, "appalling," writing, "The intellectual backflips Justice Kennedy performed in his opinion would be impressive if they weren't so offensive to constitutionalist sensibilities."^[16]

Gun control

Kennedy most recently ruled on June 26, 2008, with the majority in District of Columbia v. Heller, striking down the ban on handguns in the District of Columbia. At issue in the case was whether Washington, D.C.'s ban violated the right to "keep and bear arms" by preventing individuals—as opposed to state militias—from having guns in their homes. Kennedy's decision had him siding with the traditionally conservative side of the court. The decision came the day after the Court's ruling in Kennedy v. Louisiana, in which Kennedy sided with the traditionally liberal justices.

The Environment

Kennedy authored the majority decision in Coeur Alaska v. Southeast Alaska Conservation Council, which involved an Alaskan mining company which planned to extract new gold from a mine that has been closed for decades using a technique known as “froth-floatation.” This technique would produce approximately 4.5 million tons of “slurry” - thick waste-product laced with toxic elements such as lead and mercury. The mining company intended to dispose of the waste in a nearby lake, a plan which would eventually decrease the depth of the lake by fifty feet and flood the surrounding land with contaminated water. While federal law forbids “[t]he use of any river, lake, stream or ocean as a waste treatment system,” Kennedy’s decision in Coeur Alaska states that pollutants are exempt from this law so long as they have “the effect of . . . changing the bottom elevation of water.” Justice Ginsburg's dissent states that such a reading of federal law “strains credulity” because it allows “[w]hole categories of regulated industries” to “gain immunity from a variety of pollution-control standards.”

Habeas Corpus

On June 12, 2008, Kennedy wrote the 5-4 majority opinion in Boumediene v. Bush. The case challenged the legality of Boumediene’s detention at the Guantanamo Bay military base as well as the constitutionality of the Military Commissions Act (MCA) of 2006. He was joined by the four more liberal judges in finding that the constitutionally guaranteed right of habeas corpus applies to persons held in Guantanamo Bay and to persons designated as enemy combatants on that territory. They also found that the Detainee Treatment Act of 2005 failed to provide an adequate substitute for habeas corpus and that the MCA was an unconstitutional suspension of that right.^{[17 ][18][19][20]}

The Court also concluded that the detainees are not required to exhaust review procedures in the court of appeals before pursuing habeas corpus actions in the district court. In the majority ruling Justice Kennedy called the Combatant Status Review Tribunals "inadequate."^{[17 ][18][19][20]} He explained, “to hold that the political branches may switch the constitution on or off at will would lead to a regime in which they, not this court, 'say what the law is.'”^[21] The decision struck down section seven (7) of the MCA but left intact the Detainee Treatment Act. In a concurring opinion, Justice Souter stressed the fact that the prisoners involved have been imprisoned for as many as six years.^[22]

Other issues

On the issue of the limits of free speech, Kennedy joined a majority to uphold the protection of flag burning in the controversial case of Texas v. Johnson.^[23] Kennedy would write that "It is poignant but fundamental that the flag protects those who hold it in contempt."^[24]

Kennedy has joined with Court majorities in decisions favoring states' rights and invalidating federal and state affirmative action programs. He ruled with the majority on Equal Protection grounds in the controversial 2000 Bush v. Gore case that ceased continuing recounts in the 2000 presidential election and ended the legal challenge to the election of President George W. Bush.

In the 2005 Gonzales v. Raich case, he joined the liberal members of the Court (along with conservative Justice Scalia) in permitting the federal government to prohibit the use of medical marijuana, even in states in which it is legal.^[25] Several weeks later, in the controversial case of Kelo v. City of New London (2005), he joined the four more liberal justices in supporting the local government's power to take private property for economic development through the use of eminent domain.^[26]

In Norfolk & Western Railway Co. v. Ayers, Kennedy authored a dissenting opinion in which he argued that railroad workers who had contracted asbestosis from their employment should not be entitled to recovery for the emotional pain and suffering from their increased risk of cancer.^[27]

Analysis of Supreme Court tenure

Kennedy has reliably issued conservative rulings during most of his tenure, having voted with William Rehnquist as often as any other justice from 1992 to the end of the Rehnquist Court in 2005.^[28] In his first term on the court, Kennedy voted with Rehnquist 92 percent of the time—more than any other justice.^[29]

According to legal writer Jeffrey Toobin, starting in 2003, Kennedy also became a leading proponent of the use of foreign and international law as an aid to interpreting the United States Constitution.^[30] Toobin sees this consideration of foreign law as the biggest factor behind Kennedy's occasional breaking with his most conservative colleagues.^[30] The use of foreign law in Supreme Court opinions dates back to at least 1829, though according to Toobin, its use in interpreting the Constitution on "basic questions of individual liberties" began only in the late 1990s.^[30] Especially after 2005, when Sandra Day O'Connor, who had previously been known as the court's "swing vote", retired, Kennedy began to get that title for himself. Kennedy is more conservative than former Justice O'Connor was on issues of race, religion, and abortion, and intensely dislikes being labeled a "swing vote".^[31]

On the Roberts Court, Justice Kennedy often decides the outcome of a case. In the 2008-2009 term, he was in the majority 92 percent of the time. In the 23 decisions in which the justices split 5-to-4, Kennedy was in the majority in all but five. Of those 23 decisions, 16 were strictly along ideological lines, and Kennedy joined the conservative wing of the court 11 times; the liberals, 5.^[32]

Conservative criticism

According to legal reporter Jan Crawford Greenburg, Kennedy attracts the ire of conservatives when he does not vote with his more rightist colleagues. ^[33] According to legal analyst Jeffrey Toobin, conservatives view Kennedy's pro-gay-rights and pro-choice rulings as betrayals.^[30] In the wake of 1996's Romer v. Evans, Ramesh Ponnoru wrote in National Review that Kennedy "is commonly acknowledged as the dimmest of the Court's intellectual lights"; in 2005, associate professor of law David M. Wagner called Kennedy "The worst of Ronald Reagan's appointees to the Court", and claimed he abandoned his conservative principles beginning in the 1990s in order to gain "the plaudits of the media and the Georgetown A-list."^[34] After 2008's Kennedy v. Louisiana, Rich Lowry called Kennedy the Supreme Court's "worst justice" and said that Kennedy's opinions "have nothing whatsoever to do with the Constitution", and amount to "making it up as he goes along."^[35]

According to Greenburg, the "bitter" quality of some movement conservatives' views on Kennedy stems from his eventual rethinking of positions on abortion, religion, and the death penalty (which Kennedy believes should not be applied to juveniles or the mentally challenged). ^[33]

A short 2008 law review article by retired lawyer Douglas M. Parker in the legal journal The Green Bag^[36] charged that much of the criticism of Justice Kennedy was based upon "pop psychology" and the Justice's penchant for grandiloquence, rather than careful analysis of his opinions.

Outside activities

Kennedy has been active off the bench as well, calling for reform of overcrowded American prisons in a speech before the American Bar Association. He spends his summers in Salzburg, Austria, where he teaches international and American law at the University of Salzburg for the McGeorge School of Law international program and often attends the large yearly international judges conference held there. Defending his use of international law, Kennedy told the September 12, 2005, issue of The New Yorker, "Why should world opinion care that the American Administration wants to bring freedom to oppressed peoples? Is that not because there’s some underlying common mutual interest, some underlying common shared idea, some underlying common shared aspiration, underlying unified concept of what human dignity means? I think that’s what we’re trying to tell the rest of the world, anyway.”

Justice Kennedy is one of thirteen Catholic justices— of whom six sit in the present court — out of 111 justices in total in the history of the Supreme Court.^[37]

See also

• List of Justices of the Supreme Court of the United States
• List of law clerks of the Supreme Court of the United States
• List of United States Chief Justices by time in office
• List of U.S. Supreme Court Justices by time in office

References

• Anthony Kennedy at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.

External links

• "Unenumerated Rights and the Dictates of Judicial Restraint." Address to the Canadian Institute for Advanced Legal Studies, Stanford University. Palo Alto, California. July 24 – Aug. 1, 1986.
• "Kennedy's Benchmarks" by Mark Trapp, American Spectator (July 14, 2004).
• Transcript of Senate Confirmation Hearing, 1987.
• Supreme Court Research Guide and Bibliography: Anthony M. Kennedy
• Collection of notable statements by Anthony Kennedy.
• Jonah Goldberg, "Justice Kennedy's Mind: Where the Constitution resides," 2005.
• Supreme court official bio (PDF)
• Jeffrey Toobin, "Swing Shift: How Anthony Kennedy’s passion for foreign law could change the Supreme Court," The New Yorker (2005).

Supreme Court of the United States

The Rehnquist Court Chief Justice: William Hubbs Rehnquist (1986–2005) 1988–1990: Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy 1990–1991: B. White | T. Marshall | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter 1991–1993: B. White | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas 1993–1994: H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg 1994–2005: J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer The Roberts Court Chief Justice: John Glover Roberts, Jr. (2005–present) 2005–2006: J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer 2006–2009: J.P. Stevens | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer | S. Alito 2009–present: J.P. Stevens | A. Scalia | A. Kennedy | C. Thomas | R.B. Ginsburg | S. Breyer | S. Alito | S. Sotomayor

From Wikiquote

Official 2003 photo of Anthony Kennedy.

Anthony Kennedy (born 1936-07-23) is an Associate Justice on the Supreme Court of the United States.

Sourced

• [S]ome kinds of government regulation of private consensual homosexual behavior may face substantial constitutional challenge.
  • Beller v. Middendorf, 632 F.2d 788, 809-10 (9th Cir. 1980) (upholding Navy discharge for homosexual conduct).

• One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision--wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.
  • Unenumerated Rights and the Dictates of Judicial Restraint. Address to the Canadian Institute for Advanced Legal Studies, Stanford University. Palo Alto, California. (1986-07-24 to 1986-08-01). (Also quoted at p. 443 of Kennedy's 1987 confirmation transcript).

• Indeed I do and I admire it. I am a practicing Catholic.
  • Alleged response to conservative senator's statement that "I think you know where I stand on abortion" (exchange occurred at White House prior to Justice Kennedy’s nomination). Quoted in Opinion Journal. "Religion and the Court", Wall Street Journal, 1987 (date of quote) 2005-10-16 (date of article). Later, Kennedy cast doubt upon that exchange (see p. 91 of 1987 confirmation transcript).

• The First Amendment is often inconvenient. But that is beside the point. Inconvenience does not absolve the government of its obligation to tolerate speech.
  • International Society for Krishna Consciousness v. Lee, 505 U.S. 672 (concurring opinion) (1992-06-26)

• Sometimes you don't know if you're Caesar about to cross the Rubicon or Captain Queeg cutting your own tow line.
  • Quoted in George Will. "Wrong on All Counts", Washington Post, 1992 (date of quote) 2005-03-06 (date of article), p. B07.

• At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life…. [P]eople have organized intimate relationships and made choices that define their views of themselves and their places in society, in reliance on the availability of abortion in the event that contraception should fail…. We conclude the line should be drawn at viability, so that, before that time, the woman has a right to choose to terminate her pregnancy…. [T]here is no line other than viability which is more workable. To be sure, as we have said, there may be some medical developments that affect the precise point of viability, but this is an imprecision within tolerable limits.... A husband has no enforceable right to require a wife to advise him before she exercises her personal choices.
  • Planned Parenthood v. Casey, 505 U.S. 833 (1992-06-29) (joint opinion coauthored with Justices Souter and O’Connor)

• We must never lose sight of the fact that the law has a moral foundation, and we must never fail to ask ourselves not only what the law is, but what the law should be.
  • Quoted in Richard C. Reuben. "Man in the Middle", California Lawyer, October 1992, p. 35.

• In the federal confirmation process, a standard question from the judiciary committee is, "Well, if you're confirmed will you legislate?" And, with a look of horror, the nominee says, "Oh, I won't legislate." Well, what about the law of contract and tort; where do they think it came from, the stork?
  • Roth Lecture, USC Law School (1998-11-20)

• Our system presumes that there are certain principles that are more important than the temper of the times. And you must have a judge who is detached, who is independent, who is fair, who is committed only to those principles, and not public pressures of other sort.
  • Interview: Justices Stephen Breyer and Anthony Kennedy (1999-11-23). Retrieved on 2006-11-26. (Interviewed by Bill Moyers for the Frontline documentary "Justice for Sale")

• The fetus, in many cases, dies just as a human adult or child would: It bleeds to death as it is torn from limb from limb. The fetus can be alive at the beginning of the dismemberment process and can survive for a time while its limbs are being torn off.
  • Stenberg v. Carhart, 530 U. S. 914 (2000-06-28) (detailing what he deemed a constitutionally protected alternative to partial-birth abortion)

• The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.
  • Bush v. Gore, 531 U.S. 98 (2000-12-12)(citations omitted).

• The instant case involves liberty of the person both in its spatial and more transcendent dimensions.... Bowers was not correct when it was decided, and it is not correct today.... As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.
  • Lawrence v. Texas, 539 U.S. 558 (2003-06-26)

• It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty.
  • Roper v. Simmons, 543 U.S. 551 (2005-03-01)

• The Constitution doesn't belong to a bunch of judges and lawyers. It belongs to you.
  • Interview for Academy of Achievement (2005-06-03)

• I knew Earl Warren very well, on a somewhat professional basis. Professional, as in I was a nine-year-old page boy and he was the Governor. We knew his children and played in the Governor's Mansion and so forth. I have a letter I've given to the Supreme Court Historical Society, in which he wrote and said, "You're going to go very far in government." I'm very proud of the fact that I knew well someone who later became the Chief Justice of the United States.
  • Interview for Academy of Achievement (2005-06-03)

External links

Wikipedia has an article about:

Anthony Kennedy

Mark M. Trapp. "Kennedy's Benchmarks", American Spectator, 2004-07-14.