Anthony Kennedy

Anthony Kennedy
Born	Anthony McLeod Kennedy 7/23/1936
Birthplace	Sacramento, California, U.S.
Nationality	American
Occupation	Jurist, attorney
Known for	Associate Justice of the Supreme Court of the United States (1988–2018); swing vote on the Roberts Court; authoring landmark opinions on gay rights, free speech, and detainee rights
Education	Harvard Law School (LL.B.)
Children	3
Awards	Henry J. Friendly Medal (2019)

Anthony McLeod Kennedy (born July 23, 1936) is an American attorney and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. President Ronald Reagan nominated him in November 1987, and the Senate confirmed him unanimously. For much of his tenure, Kennedy occupied a key position at the Court's ideological center, making him one of the most consequential justices of the late twentieth and early twenty-first centuries. After Sandra Day O'Connor stepped down in 2006, Kennedy became the frequent decisive vote in closely divided cases on the Roberts Court, shaping how Americans understood the Constitution on everything from gay rights and abortion to campaign finance and the rights of wartime detainees.

Kennedy grew up in Sacramento, California, where he later practiced law and served as a judge on the United States Court of Appeals for the Ninth Circuit before joining the nation's highest court. He wrote the majority opinions in several watershed cases, including Obergefell v. Hodges, which established a constitutional right to same-sex marriage nationwide, and Citizens United v. FEC, which fundamentally changed American campaign finance law. On July 31, 2018, Kennedy retired during Donald Trump's presidency. His former law clerk, Brett Kavanaugh, succeeded him.

Early Life

Anthony McLeod Kennedy was born on July 23, 1936, in Sacramento, California. His family had deep roots in the state's legal and political world. His father, Anthony J. Kennedy, was a prominent attorney and lobbyist who ran a successful practice and moved easily in California political circles. His mother, Gladys (McLeod) Kennedy, played an active role in civic life.

From an early age, Kennedy got a close look at how government and the legal profession actually worked. As a young man, he could observe the California State Legislature and meet the political figures who came through his father's office. That exposure shaped his interest in law and public service, interests that'd define his whole career.

Kennedy served in the United States Army from 1961 to 1962, specifically in the California Army National Guard, where he held the rank of Private First Class.

Education

He went to Stanford University for his undergraduate degree, then Harvard Law School for his legal training. Kennedy received his Bachelor of Laws (LL.B.) from Harvard. Two of the nation's most prestigious institutions gave him the intellectual rigor that would shape his judicial reasoning for decades to come.

Career

Legal Practice in Sacramento

After law school, Kennedy headed back to Sacramento and took over his father's legal practice after the elder Kennedy died. He built a successful career as an attorney while staying connected to the broader legal world. He also taught constitutional law at the McGeorge School of Law at the University of the Pacific for many years. He kept teaching even after joining the federal bench. Generations of law students got to learn constitutional principles from him, and that work helped establish his reputation as a serious legal scholar.

Kennedy became involved in California's political and civic circles as well. His Sacramento connections and legal knowledge caught the attention of state and national figures, including then-Governor Ronald Reagan. Kennedy reportedly helped Reagan draft a tax-limitation proposal in the 1970s.

United States Court of Appeals for the Ninth Circuit

President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit in 1975. He took over from Judge Charles Merton Merrill on the bench. At just 38 years old, Kennedy was among the youngest federal appellate judges in the country.

During thirteen years on the Ninth Circuit, Kennedy earned a reputation as a moderate conservative jurist who paid careful attention to constitutional text and precedent. He wrote numerous opinions across many areas of law, and judges from different ideological camps respected his work. That experience in federal appellate law positioned him as someone the Supreme Court might consider.

Nomination to the Supreme Court

Kennedy's path to the Supreme Court came through extraordinary circumstances. Associate Justice Lewis F. Powell Jr. announced his retirement in June 1987. President Reagan first nominated Judge Robert Bork for the vacancy, but the Senate rejected Bork's nomination in October 1987 after fierce opposition. Reagan then tried Judge Douglas Ginsburg, but Ginsburg withdrew after revelations about past marijuana use.

On November 11, 1987, Reagan nominated Kennedy as his third choice. This time, the reception was far warmer. During his Senate confirmation hearings, Kennedy presented himself as a moderate, pragmatic jurist who'd interpret the Constitution faithfully while respecting precedent and acknowledging how constitutional understanding evolves.

The Senate confirmed Kennedy by a vote of 97–0 on February 3, 1988. He was sworn in on February 18, 1988. The unanimous vote showed broad bipartisan agreement that Kennedy had the right qualifications, temperament, and judicial philosophy.

Supreme Court Tenure

For over thirty years, from 1988 to 2018, Kennedy served on the Supreme Court. He became one of the most influential justices in modern American history, often casting the decisive vote in cases that split the Court along ideological lines.

Role as Swing Vote

Kennedy spent much of his time at the Court's ideological middle, between the liberal and conservative blocs. This was especially true after Justice Sandra Day O'Connor retired in 2006. Kennedy became the justice most often deciding the Court's closest cases. On the Roberts Court, his vote determined the outcome in 5-4 decisions on gay rights, abortion, affirmative action, capital punishment, campaign finance, and the rights of terror detainees.

His judicial philosophy didn't fit neatly into left or right. He sided with conservative justices in Citizens United v. FEC and certain federalism cases, but joined the liberals on gay rights, Guantanamo detainee protections, and parts of abortion law. Many observers noted that his approach centered on a broad idea of individual liberty and dignity. Those themes showed up again and again in his most important opinions.

Gay Rights Jurisprudence

Kennedy wrote the majority opinion in four landmark cases that expanded constitutional protections for gay and lesbian Americans. Legal scholars see these decisions as forming a coherent arc in how the Court approached gay rights.

In Romer v. Evans (1996), Kennedy wrote for a 6-3 majority that struck down Colorado's Amendment 2, which barred any state entity from protecting people against discrimination based on sexual orientation. His opinion held that the amendment violated the Equal Protection Clause of the Fourteenth Amendment because it rested on bias against a particular group and served no legitimate governmental purpose.

Seven years later, Lawrence v. Texas (2003) gave Kennedy the chance to overturn Bowers v. Hardwick. Writing for a 6-3 majority, Kennedy held that the Due Process Clause of the Fourteenth Amendment protects the right of consenting adults to engage in private sexual conduct without state interference. His opinion stressed liberty and dignity. Those concepts would define his constitutional thinking for years to come.

In United States v. Windsor (2013), Kennedy wrote for a 5-4 majority striking down Section 3 of the Defense of Marriage Act. DOMA had defined marriage for federal purposes as a union between one man and one woman. The decision held that DOMA violated the due process and equal protection principles of the Fifth Amendment by treating legally married same-sex couples as unmarried for federal purposes.

His most sweeping opinion came in Obergefell v. Hodges (2015). Kennedy wrote for the 5-4 majority that the Fourteenth Amendment requires every state to grant and recognize same-sex marriages. The opinion drew on both the Due Process Clause and the Equal Protection Clause. Kennedy argued that the right to marry is fundamental and extends to same-sex couples. He ended with words that got quoted everywhere: "No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family."

Abortion

Kennedy also shaped the Court's abortion law. In Planned Parenthood v. Casey (1992), he co-authored the controlling plurality opinion with Justices Sandra Day O'Connor and David Souter. They reaffirmed Roe v. Wade's basic holding—that the Constitution protects a woman's right to choose abortion before fetal viability—but replaced Roe's framework with an "undue burden" standard for judging abortion regulations. The joint opinion was crucial to abortion rights, and Kennedy's participation was essential.

Campaign Finance

Citizens United v. Federal Election Commission (2010) stands as one of Kennedy's most consequential and controversial opinions. Writing for the 5-4 majority, he held that the First Amendment prevents the government from restricting independent political spending by corporations, labor unions, and other groups. The decision struck down parts of the Bipartisan Campaign Reform Act of 2002 (the McCain-Feingold Act) and overruled prior cases that had upheld restrictions on corporate political speech. American campaign finance regulation was never the same. Kennedy's opinion said that political speech doesn't lose First Amendment protection just because a corporation, not an individual, is speaking.

Kennedy had long defended expansive First Amendment protections in campaign finance. His Citizens United opinion built on positions he'd taken before, like his dissent in McConnell v. FEC (2003), where he'd argued against key McCain-Feingold provisions.

Detainee Rights

In Boumediene v. Bush (2008), Kennedy wrote a 5-4 decision holding that foreign nationals detained at Guantanamo Bay have a constitutional right to challenge their detention through habeas corpus petitions in federal court. The Military Commissions Act of 2006 didn't provide adequate alternatives. This decision was a significant limit on executive power during the War on Terror.

Other Notable Opinions

Kennedy wrote opinions on many subjects beyond those discussed above. He addressed the Eighth Amendment's ban on cruel and unusual punishment, including cases that restricted the death penalty for juveniles and for crimes that weren't murder. He also wrote on federalism, free speech, and separation of powers.

His writing style had distinctive features. He emphasized liberty, dignity, and the individual's relationship to government. He often invoked broad philosophical concepts and drew on history and comparative sources. Legal commentators praised and criticized this approach in equal measure.

Retirement

Kennedy announced on June 27, 2018, that he would retire effective July 31, 2018. Trump got to nominate his replacement, which meant he could shift the Court's ideological balance. Trump picked Brett Kavanaugh, who'd been one of Kennedy's law clerks. The Senate confirmed Kavanaugh on October 6, 2018.

Following Justice Antonin Scalia's death in February 2016, Kennedy had served as the senior associate justice. When Sandra Day O'Connor died in December 2023, Kennedy became the oldest living former Supreme Court justice.

Personal Life

Anthony Kennedy married Mary Davis. The couple have three children. The Kennedy family stayed connected to Sacramento and the legal world. Kennedy taught at McGeorge School of Law for decades, even while on the Supreme Court.

Kennedy cared deeply about civic education and the rule of law. He spoke publicly about understanding the Constitution and American government principles. In one appearance, he discussed George Washington and what the founding era contributed to American constitutional governance.

He also gave speeches on how judges should interpret the Constitution and the judiciary's role. In a 1986 address, Kennedy discussed judicial decision-making and the relationship between law and liberty. These themes would define much of his later Supreme Court work.

Recognition

The Henry J. Friendly Medal was awarded to Kennedy in 2019 in recognition of his contributions to law and the judiciary.

Kennedy's impact on American constitutional law has drawn extensive academic study. His role as a frequent swing vote, combined with his authorship of some of the Court's most significant recent decisions, makes him one of the most analyzed justices of his era. Scholars approach his work from many angles. Some emphasize his libertarian conception of individual rights. Others focus on his respect for precedent and judicial restraint.

The New Yorker profiled Kennedy in 2005, looking at his interest in foreign and international law and how it shaped his constitutional reasoning. That became a subject of debate among legal commentators and members of Congress. Cases like Lawrence v. Texas cited foreign legal developments. Some commentators praised this as reflecting a cosmopolitan view of constitutional principles. Others argued it had no place in American constitutional interpretation.

Legacy

Kennedy's three decades on the Supreme Court transformed American constitutional law. He wrote the majority opinion in four major gay rights cases: Romer v. Evans, Lawrence v. Texas, United States v. Windsor, and Obergefell v. Hodges. These decisions established a clear constitutional trajectory that led to nationwide marriage equality. Together, they're among the Court's most important modern rulings.

His Citizens United opinion reshaped campaign finance regulation across the country. The First Amendment, he held, protects corporate political speech. The decision opened the door to massively increased spending in federal elections. It remains one of the most debated rulings of the twenty-first century.

Kennedy's co-authorship of the Casey joint opinion kept Roe v. Wade's core holding alive for more than twenty-five years. That lasted until Dobbs v. Jackson Women's Health Organization (2022) overruled both Roe and Casey. Kennedy's work on Casey showed his willingness to break from expected ideological patterns for what he believed were constitutional principles and respect for precedent.

His Boumediene opinion extended constitutional habeas corpus protections to foreign nationals detained abroad. It established a key precedent about the limits of executive power in wartime.

Kennedy's emphasis on individual dignity and liberty shaped constitutional interpretation well beyond the specific cases he decided. His writing style, though sometimes criticized for being vague or too broad, presented a vision of the Constitution as protecting individual autonomy against governmental power. That vision appealed across traditional political lines.

Over forty years as a federal judge—thirteen on the Ninth Circuit and thirty on the Supreme Court—Kennedy left a substantial mark on American law. Legal scholars, lawyers, and commentators continue to debate and assess his legacy.