Former Supreme Court Justice Kennedy says ‘democracy is at risk'

Politico

26-06-2025

Former Supreme Court Justice Anthony Kennedy warned Thursday that acrimonious political discourse and threats to judges are eroding the ability of the United States to serve as an example of democracy worldwide.
'Many in the rest of the world look to the United States to see what democracy is, to see what democracy ought to be,' Kennedy said during an online forum about threats to the rule of law. 'If they see a hostile, fractious discourse, if they see a discourse that uses identity politics rather than to talk about issues, democracy is at risk. Freedom is at risk.'
Kennedy, who stepped down from the court in 2018, avoided specifics during his 10-minute speech as part of a series of presentations by current and former judges.
However, the Reagan appointee's remarks appeared to be triggered at least in part by strident attacks President Donald Trump has mounted against judges, including some whom he appointed during his first term, who have ruled against the administration's policies on immigration, firings of federal workers and his implementation of broad-based tariffs.
In March, Trump attacked U.S. District Court Judge James Boasberg as a 'radical left lunatic' after he attempted to block the administration from deporting alleged Venezuelan gang members under a wartime presidential power Trump invoked. Trump also called for Boasberg, an Obama appointee, to be impeached.
Last month, Trump issued a social media post denouncing 'USA-hating' judges as 'monsters who want our country to go to hell.'
The extreme rhetoric has come alongside a spike in threats against judges, although administration spokespeople have said the president opposes any threats and the Justice Department will prosecute them.
'Judges must have protection for themselves and their families,' Kennedy said. 'Our families are often included in threats.'
Some other participants were more explicit in calling out Trump's salvos at the courts.
While also not mentioning Trump by name, U.S. District Judge Esther Salas invoked the president's statements more directly, arguing they are akin to attacks on judges that have caused other countries to slide into authoritarianism.
'Judges are rogue. Sound familiar? Judges are corrupt. Sound familiar? Judges are monsters. … Judges hate America,' Salas said. 'We are seeing the spreading of disinformation coming from the top down.'
Salas, whose son was killed and her husband wounded by a disgruntled litigant at their New Jersey home in 2020, said the U.S. Marshals Service has tracked more than 400 threats against judges so far this year.
'We're going to break records — and not in a good way,' said the judge, an Obama appointee.
In his remarks Thursday, one day before his former Supreme Court colleagues are set to deliver their final rulings of the current term, Kennedy did offer some indirect praise for Trump. The retired justice repeatedly said he welcomed the ceasefire in fighting between Israel and Iran — a deal brokered by the White House.
'The world is celebrating what looks like, what we hope might be, peace for a period of time in the Middle East,' Kennedy said. 'Peace is what gives us the opportunity to make democracy stronger, to make freedom more attainable, to make freedom greater for ourselves and the rest of the world. We must always say no to tyranny and yes to truth.'