Justice Anthony M. Kennedy, appointed by President Ronald Reagan in 1988, served on the Supreme Court for three decades. Renowned for his pivotal role as a swing vote, Kennedy often shaped the outcomes of critical cases by siding alternately with conservative and liberal blocs. His decisions underscored a commitment to individual liberty and the dignity of individuals, making his jurisprudence distinctive and impactful.
Kennedy’s most notable opinions include Planned Parenthood v. Casey (1992), where he co-authored the majority opinion reaffirming Roe v. Wade while allowing for some state regulations on abortion. His eloquent language in Obergefell v. Hodges (2015) solidified his legacy as a champion of LGBTQ+ rights by ensuring marriage equality nationwide. Kennedy argued that the Constitution’s guarantee of equal protection under the law demanded such recognition, emphasizing the human dignity inherent in the institution of marriage.
In addition to his work on social issues, Kennedy contributed significantly to First Amendment jurisprudence. In Citizens United v. Federal Election Commission (2010), he authored the majority opinion, expanding the rights of corporations to participate in political speech. Critics argue this decision reshaped the American political landscape by allowing an influx of corporate spending in elections.
Kennedy’s approach often reflected a libertarian streak, particularly in matters involving government overreach. His opinions in cases like Boumediene v. Bush (2008) upheld the rights of Guantanamo Bay detainees to challenge their detention, signaling his belief in checks on executive power.
Despite criticism from both sides of the political spectrum, Kennedy’s jurisprudence highlighted the complexity of American constitutional law. His retirement in 2018, succeeded by Justice Brett Kavanaugh, marked the end of an era of moderation on the Supreme Court.
