Former Justice Kennedy says SCOTUS has become ‘too personal and confrontational’

Former Supreme Court Justice Anthony Kennedy believes the Supreme Court’s opinions have become “too personal and confrontational.”

“I’m actually somewhat concerned about the court,” Kennedy said in an interview with CBS News published Sunday. “It’s some opinions that are personal and somewhat confrontational. I hope it settles down a little bit.”

Kennedy (89 years old) retired from the Supreme Court in July 2018 and was succeeded by Justice Brett Kavanaugh. Simon & Schuster will publish his memoirs, “Life, Law, and Liberty,” on Tuesday.

Kennedy was sworn in by the court in February 1988, after being nominated by President Reagan. His tenure of 30 years and 163 days on the Supreme Court was the 15th longest among the 116 justices who served on the Supreme Court.

Often a decisive vote on contentious issues, he co-authored the plurality opinion in the 1992 case Planned Parenthood of Southeastern Pennsylvania v. Casey, which reaffirmed the decision in Roe v. Wade. Kennedy also authored the majority opinion in the 2015 case Obergefell v. Hodges, which granted marriage rights to same-sex couples in the United States, and the majority opinion in the 2000 case Bush v. Gore.

In June, Kennedy said he was “concerned about the tone of our political discourse” during hypothetical legal reform. He added that judges treat others with kindness and respect, and do not take into account the party affiliation of anyone in the courtroom.

While speaking with CBS News, Kennedy reiterated these concerns and principles.

He said: “Yes, I am concerned. Democracy requires an open, rational, thoughtful and decent discussion where the dignity of the person with whom you disagree is respected. If it does not have that, then democracy as we know it is in danger.”