Former Supreme Court Justice Warns Freedom and Democracy 'At Risk'
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Amid an uptick in threats to judges, former Supreme Court Justice Anthony Kennedy warned that the current hostility in America's political discourse imperils freedom and democracy.
Why It Matters
Rhetoric by President Donald Trump, including calls on social media for the impeachment of judges who have ruled against his policies, has triggered urgent warnings from current and former members of the Supreme Court about the stability of the country's legal systems.
These attacks, which have included labeling judges as "troublemakers" and "monsters" in public posts, have raised concerns about undermining the independence of the judiciary, an institution considered essential to protecting American democracy.
Current Supreme Court Chief Justice John Roberts, a Republican appointee, also referenced the public attacks on judges in a rare statement, saying, "For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose."
What To Know
In a virtual forum on Thursday for the event "Speak Up for Justice," with other judges from around the world, Kennedy said that "We should be concerned in this country about, as I've already indicated, the tone of our political discourse," according to Reuters.
The Ronald Reagan appointee continued: "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."
Kennedy noted that the rest of the world seems to monitor how things operate in the United States "to see what democracy ought to be."
"And 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," the retired justice said. "Freedom is at risk."
He urged for judges and their families to have protection, and said they are best protected "when the public and our nation realize how central they are to our discourse."
Kennedy did not mention Trump by name during the event, Reuters reports.
Former U.S. Supreme Court Associate Justice Anthony Kennedy speaks at the World Law Congress at U.N. headquarters in New York City on July 21, 2023. (Photo by YUKI IWAMURA/AFP via Getty Images)
Former U.S. Supreme Court Associate Justice Anthony Kennedy speaks at the World Law Congress at U.N. headquarters in New York City on July 21, 2023. (Photo by YUKI IWAMURA/AFP via Getty Images)
Trump has sharply criticized jurists who have ruled against his administration's key policies—most notably U.S. District Judge James E. Boasberg—whom he described as a "troublemaker and agitator" while calling for his impeachment after the judge blocked usage of the Alien Enemies Act for deportation flights.
According to Politico, U.S. District Judge Esther Salas, whose family was targeted in a fatal attack in 2020, noted during the same virtual event that the U.S. Marshals Service has recorded over 400 threats against federal judges so far this year. Salas attributed the rise to disinformation and inflammatory rhetoric "from the top down."
What People Are Saying
Supreme Court Justice Ketanji Brown Jackson, in May on threats to judges, in part: "The threats and harassment are attacks on our democracy, on our system of government. And they ultimately risk undermining our Constitution and the rule of law."
Trump, during his 100th day in office speech in Michigan, in part: "We cannot allow a handful of communist radical left judges to obstruct the enforcement of our laws and assume the duties that belong solely to the president of the United States. Judges are trying to take away the power given to the president to keep our country safe ... it's not a good thing."
Former Palm Beach County State Attorney Dave Aronberg, to Newsweek when asked if Kennedy's comments were a poke at Trump: "It's clearly a poke at the President, especially because Justice Kennedy's exit from the Court allowed Trump to shift it to the right with the appointment of Justice [Brett] Kavanaugh."
What Happens Next
As threats continue to be tracked by law enforcement, congressional debate and judicial responses are expected to intensify as the Supreme Court approaches the conclusion of its current term.
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