Ex-Supreme Court Justice Anthony Kennedy pleads for civil political discourse, warns 'democracy is at risk'
Former U.S. Supreme Court Justice Anthony Kennedy warned Thursday that the tone of political discourse and threats to judges are undermining the ability of the U.S. to serve as an example of freedom and democracy around the world.
Kennedy, a Reagan appointee who retired in 2018 during President Donald Trump's first term, was speaking during a virtual forum about threats to the rule of law, as he defended the role of judges in a democracy and advocated for the need to protect them and their families from threats.
"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 the "Speak Up for Justice" event, one day before the current Supreme Court justices are set to deliver their final rulings of the current term.
"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," he continued.
Kennedy did not mention Trump, even as other participants expressed concern about the barrage of threats and attacks against judges for blocking key parts of the president's political agenda during his second term, including his immigration policies, firings of federal workers and his implementation of broad-based tariffs.
But Kennedy's remarks appeared to be sparked, at least in part, by the Trump administration's repeated attacks against judges who have ruled against him, including some whom he appointed during his first term.
In March, Trump criticized U.S. District Court Judge James Boasberg as a "radical left lunatic" and called for his impeachment after he attempted to block the administration from removing alleged Venezuelan gang members from the U.S. under the Alien Enemies Act, a wartime presidential power Trump invoked.
Last month, Trump attacked "USA-hating" judges as "monsters who want our country to go to hell."
Trump's rhetoric has come alongside an uptick in threats against judges, according to POLITICO, although spokespeople for the administration have said the president is against any threats and that they would face prosecution from the Justice Department.
Kennedy said "judges must have protection for themselves and their families" and that "judges are best protected when the public and our nation realize how central they are to our discourse."
"We should be concerned in this country about, as I've already indicated, the tone of our political discourse," he said. "Identity politics are used so that a person is characterized by his or her partisan affiliation. That's not what democracy and civil discourse is about."
Other participants at the forum, which featured judges from the U.S. and other countries who warned about how attacks on courts can threaten democracies, also took aim at Trump's statement denouncing the courts.
Without mentioning Trump by name, U.S. District Judge Esther Salas, whose son was killed by a disgruntled lawyer who went to her New Jersey home in 2020, said disinformation about judges was spreading "from the top down," with jurists attacked as "rogue" and "corrupt."
"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 warned that the number of threats recorded against judges this year was reaching historic heights in the U.S., noting that the U.S. Marshals Service has tracked more than 400 threats against judges since January, when Trump was inaugurated.
"We're going to break records, people, and not in a good way," she said.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Washington Post
29 minutes ago
- Washington Post
Environmentalists sue to stop opening of ‘Alligator Alcatraz' in Everglades
Two environmental groups on Friday sued to halt the construction of an immigrant detention center in the middle of the Everglades, arguing the state had ignored required ecological reviews. Florida officials have said that they plan to open the facility, nicknamed 'Alligator Alcatraz' by Republicans, as early next week and that it would hold up to 3,000 detainees.
Wall Street Journal
30 minutes ago
- Wall Street Journal
Bessent: Some Trading Partners Could Get July 9 Extension on Tariffs
Some major U.S. trading partners may be given extensions on the July 9 deadline before the Trump administration imposes its steep, so-called reciprocal tariffs, Treasury Secretary Scott Bessent said Friday. Others could see their tariffs increase on or around that day, he said. 'There will be a group of deals that we will land before July 9—on or about [that date],' Bessent said on CNBC. 'And then there are probably another 20 countries that could go back to the reciprocal tariff of April 2 as we work on the deal, or if we think they are negotiating in good faith, they could stay at the 10% baseline." Additionally, other 'smaller trading partners,' Bessent said, will simply receive letters outlining the level of tariffs that they will pay.
Associated Press
30 minutes ago
- Associated Press
In their own words: What justices, Trump and groups say about courts and birthright citizenship
At the Supreme Court Friday, justices lambasted one another over the extent of judicial authority. Dissenting Justice Sonia Sotomayor accused President Donald Trump of trying to game the courts to break the law. The president expressed joy in reclaiming some power back from the judiciary, while advocates sounded worries for immigrant families before filing new legal challenges. The high court ruled that federal judges lack the authority to grant nationwide injunctions, but the decision left unclear whether Trump's restrictions on birthright citizenship could soon take effect in parts of the country. Here are some of the arguments and comments made by justices, Trump and advocates regarding the court's 6-3 ruling over an effort by the president to deny birthright citizenship to children born to immigrants. Barrett, Jackson on the judiciary's role Justice Amy Coney Barrett defended the majority opinion that the judiciary does not have 'unbridled authority' to enforce the president's duty to follow the law. Justice Ketanji Brown Jackson, who joined Sotomayor's dissent, wrote that the role of lower courts should ensure that. 'For that to actually happen, courts must have the power to order everyone (including the Executive) to follow the law — full stop,' Jackson wrote. Barrett called Jackson's arguments 'extreme' and said her reasoning was not tethered 'to any doctrine whatsoever.' 'She offers a vision of the judicial role that would make even the most ardent defender of judicial supremacy blush,' Barrett wrote. She later stated: 'We will not dwell on Justice Jackson's argument, which is at odds with more than two centuries' worth of precedent, not to mention the Constitution itself. We observe only this: Justice Jackson decries an imperial Executive while embracing an imperial Judiciary.' Sotomayor accuses Trump of 'gamesmanship' Sotomayor did not mince words when arguing the ruling presents a threat. She accused the Trump administration of using tactics to game the courts and said it has been defying the Constitution. 'The gamesmanship in this request is apparent and the government makes no attempt to hide it,' she wrote. 'Yet, shamefully, this Court plays along.' Sotomayor also wrote that Trump's order is 'patently unconstitutional under settled law,' and argued that granting relief through Friday's decision 'is nothing less than an open invitation for the Government to bypass the Constitution.' 'The rule of law is not a given in this Nation, nor any other. It is a precept of our democracy that will endure only if those brave enough in every branch fight for its survival. Today, the Court abdicates its vital role in that effort,' she wrote. A warning about what may be next Sotomayor expressed worries about the chaos that may follow before the Supreme Court gets to decide on whether these children should get U.S. citizenship. She worried about the decision leaving some children 'stateless,' risking deportation even when their parents are in the country legally with temporary status visas or other programs. Sotomayor also warned about the possible wider impact of the ruling. 'No right is safe in the new legal regime the Court creates. Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship,' she wrote. Trump celebrates Trump, meanwhile, quickly celebrated the ruling, calling it a 'monumental victory for the Constitution,' the separation of powers and the rule of law. 'These judges have attempted to dictate the law for the entire nation,' Trump told reporters during a news conference in the White House briefing room. 'Thanks to this decision, we can now promptly file to proceed with numerous policies that have been wrongly enjoined on a nationwide basis.' The president said he would try to advance restrictions on birthright citizenship and other policies that had been blocked by lower courts. Immigrant rights group responds One of the groups that challenged Trump's order quickly went back to court seeking to keep his new restrictions on birthright citizenship at bay. CASA, a nonprofit immigrant rights organization, asked a federal court in Maryland to certify a class-action lawsuit that would represent all newborns who would no longer automatically be citizens if Trump's order goes into effect. 'Scotus has carelessly put at risk the citizenship of many hundreds of thousands of newborns and yet to be born innocent. But in the end, this ruling does nothing more than guarantee that the fight and the movement towards justice continue,' said George Escobar, CASA's chief of programs and services.
