Former Supreme Court justice warns partisanship plays ‘too much of a role’ in judicial nominations

Former Supreme Court Justice Anthony Kennedy shared his qualms and assurances about the modern court Tuesday on Fox News.

“My concern is that partisanship plays too much of a role in the selection and nomination process for judges,” the Reagan nominee told “Special Report.”

Kennedy was the last Supreme Court nominee to be confirmed with unanimous Senate approval. He stepped down from the court in 2018, after serving for over 30 years. 

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Although the media oftentimes referred to Kennedy as a “swing justice,” meaning one not always aligned with liberal nor conservative members, he insisted his ideas stayed “consistent” as the cases changed. 

When explaining why he wrote his memoir “Life, Law & Liberty,” which was released Tuesday, Kennedy stressed wanting to preserve freedom of speech. 

“My beginning point was just to write down a memoir for my children and grandchildren who did not know about a small town in the ‘30s, ’40s, ‘50s, ’60s when I grew up,” Kennedy said. “And it seemed to me as the writing progressed that it’s very important in this day and age to talk about the marvelous potential of freedom of speech and to make sure that it is not undercut by a hostile, fractious discourse.” 

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Kennedy considered his vote to uphold the rights of protesters to burn the American flag in 1989 to be one of his most consequential opinions. 

“We have to remember that freedom of speech is not just for speech that we like,” he said. “And over time, that decision was accepted by more and more people.” 

Supreme Court justices give reasons for decisions in the hopes that they can eventually be “respected” by most Americans, Kennedy added. 

Kennedy said court opinions have become more personal and “confrontational,” advising justices to disagree in a “friendly way.” 

He praised two current justices who had served as his law clerks.

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“It seems to me both Neil Gorsuch and Brett Kavanaugh have the capacity and the personality and the temperament and the learning to make sure that the court is perceived by the public, and in reality is, a collegial place in which we have great respect for each other,” Kennedy said.

“Special Report” anchor Bret Baier asked Kennedy how he responds to accusations the Supreme Court is assisting “authoritarianism.” 

Kennedy replied, “Each branch of the government has a duty to obey the Constitution… to remember to respect and understand the meaning of freedom and the meaning of liberty in the Constitution.”

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When asked how he would like to be remembered, the retired justice emphasized respect as his defining quality. 

“Because of my respect for family, and my neighbors, and for the American people in general, my purpose was to show that the law is something that all of us can love, because the law opens new avenues for us to see a world beyond,” Kennedy said.