Retired Supreme Court Justice Anthony M. Kennedy has defended his decisions on abortion and gay marriage, despite being a devout Catholic, in a new interview this week. Here’s what you need to know about Kennedy’s reflections on his controversial rulings and concerns about democracy:
The memoir and CBS interview
Kennedy promotes new book with candid reflections:
- Speaking to CBS about his new memoir, “Life, Law & Liberty,” to be published Tuesday by Simon & Schuster
- Justice Kennedy said he almost retired from court over 1992 ruling in Planned Parenthood of Southeastern Pennsylvania v. Casey, which reaffirmed woman’s right to abortion
- Despite being devout Catholic, Justice Kennedy ultimately sided with liberal wing of court to uphold woman’s ability to terminate pregnancy
Kennedy’s abortion stance
Catholic justice explains his reasoning on reproductive rights:
- “It just seemed to me that this was the woman’s right, and that what people of my belief should do is to convince her not to have the abortion, to convince her … but that she should have the right,” Justice Kennedy said
- Roman Catholic Church opposes abortion and same-sex marriage
- In 2022, court did reverse Justice Kennedy’s position on abortion in Dobbs v. Jackson Women’s Health Organization, which sent issue of abortion back to states to regulate
- It overturned 1992 Planned Parenthood precedent along with landmark 1973 decision in Roe v. Wade
- “I stand by what we wrote and what we decided. It’s a difficult issue,” said Justice Kennedy, 89
Same-sex marriage decision
Kennedy wrote landmark 2015 ruling legalizing gay marriage:
- Known as court’s swing vote during his tenure on bench, Justice Kennedy also wrote major decision in 2015 legalizing same-sex marriage nationwide in Obergefell v. Hodges
- “Someone told me it passed the refrigerator test, [which means] if there’s something that’s interesting and well-written, you put it on your refrigerator,” Justice Kennedy said
- Currently, there’s petition pending at Supreme Court requesting justices overturn that 2015 decision
- It would take four justices to vote in favor of hearing case for oral arguments to be scheduled on that issue
Kennedy’s Supreme Court tenure
Three decades on high court as Reagan appointee:
- He retired from court in 2018 and was replaced by Justice Brett M. Kavanaugh, Trump appointee
- Had served on high court since 1988 after being nominated by President Ronald Reagan
- Retired after three decades on bench
Concerns about democracy
Justice worried about ethics and civility in public discourse:
- One reason Justice Kennedy said he wrote his new book is because he is worried about ethics and civility
- “I’m concerned,” Justice Kennedy told CBS
- “Democracy presumes an open, rational, thoughtful, decent discussion where you respect the dignity of the person with whom you disagree. And if it doesn’t have that, then democracy as we know it is in danger”
Read more:
• Anthony Kennedy, retired Supreme Court justice, defends opinions on abortion, gay marriage
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