Former Justice Kennedy says SCOTUS has become 'too personal and confrontational'

Former Supreme Court Justice Anthony Kennedy thinks the high 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 a little bit too personal and confrontational, some of the opinions. I’m hoping that will settle down a little bit.”

Kennedy, 89, retired from the Supreme Court in July 2018 and was succeeded by Justice Brett Kavanaugh. His memoir, “Life, Law & Liberty”, will be published on Tuesday by Simon & Schuster.

Nominated by President Reagan, Kennedy was sworn in to the court in February 1988. His 30-year, 163-day tenure on the Supreme Court is the 15th-longest among the 116 justices to serve.

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 U.S., and ruled with the majority in the 2000 Bush v. Gore case.

In June, Kennedy said he was “concerned about the tone of our political discourse” during a virtual legal reform. He added that judges treat others with decency and respect, and do not consider someone’s partisan affiliation in the courtroom.

While speaking to CBS News, Kennedy reiterated those concerns and principles. 

“Yes, I’m concerned. Democracy presumes an open, rational, thoughtful, decent discussion where you respect the dignity of the person with whom you disagree. And if it doesn’t have that, then democracy as we know it is in danger,” he said.