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Anthony Kennedy

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Anthony Kennedy
Supreme Court of the United States
Tenure
2018 - Present
Years in position
7
Prior offices:
Supreme Court of the United States
Years in office: 1988 - 2018
Successor:Brett Kavanaugh (Nonpartisan)

United States Court of Appeals for the 9th Circuit
Years in office: 1975 - 1988
Education
Bachelor's
Stanford University, 1958
Law
Harvard Law School, 1961
Personal
Birthplace
Sacramento, CA


See also:Supreme Court vacancy, 2018: An overview

Associate JusticeAnthony McLeod Kennedy was the 104th justice to sit on theSupreme Court of the United States. He was nominated byRepublican PresidentRonald Reagan on November 12, 1987 to replace JusticeLewis Powell. He was confirmed by the United StatesSenate on February 17, 1988. Kennedy retired from the court and assumedsenior status as a federal judge on July 31, 2018.[1][2]

Kennedy received a political science degree in 1958 from the London School of Economics. He worked in private practice, managing his father's firm until he was appointed as a federal judge. Kennedy also worked as a professor of law at the University of the Pacific’s McGeorge School of Law.

PresidentGerald Ford appointed Kennedy as afederal judge for theNinth Circuit Court of Appeals on May 30, 1975. At 38 years old, he was, at the time, the youngest federal appellate judge in the country. Kennedy retained this position until his nomination to the Supreme Court in 1987.

Kennedy co-authored the majority opinion inPlanned Parenthood of Southeastern Pennsylvania v. Casey, writing that abortion restrictions cannot place an “undue burden” on women acting within the boundaries set byRoe v. Wade. He also wrote the majority opinion inBoumediene v. Bush, writing thathabeas corpus applied to Guantanamo Bay prisoners and that their imprisonment under the Military Commissions Act of 2006 violated this right.[3]

Historical SCOTUS Graphic small.png

Professional career

Kennedy was in private practice inSan Francisco, California, from 1961 to 1963. Following his father's death, he took over his father's practice inSacramento, California. From 1965 through 1987, Kennedy was a professor of constitutional law at the McGeorge School of Law at the University of the Pacific. During Kennedy's time as a law professor and attorney, he assisted then-California GovernorRonald Reagan with drafting a state tax proposal.[4]

Kennedy has served in numerous positions during his career, including in the California Army National Guard in 1961 and on the board of theFederal Judicial Center from 1987 to 1988. He also served on two committees of the Judicial Conference of the United States: the Advisory Panel on Financial Disclosure Reports and Judicial Activities (subsequently renamed the Advisory Committee on Codes of Conduct) from 1979 to 1987 and the Committee on Pacific Territories from 1979 to 1990. Kennedy also chaired the latter committee from 1982 to 1990.

Early life and education

Kennedy grew up inSacramento, California. He served as a page in theCalifornia State Senate when he was young. Kennedy graduated from C. K. McClatchy High School in 1954 and went on to earn his B.A. in political science from Stanford University in 1958. He spent his senior year at the London School of Economics. He earned hisBachelor of Laws from Harvard Law School, graduatingcum laude in 1961.[4]

Approach to the law

Kennedy's judicial philosophy often focused on his interpretation of individual constitutional rights. Examples include his majority opinions inBoumediene v. Bush, which ruled that Guantanamo Bay prisoners have a right tohabeas corpus, andRomer v. Evans, which ruled that an amendment to the Colorado state constitution barring the state and local governments from passing LGBTQ protection legislation was unconstitutional. In the majority opinion affirming the right to same-sex marriages inObergefell v. Hodges, Kennedy wrote that “[These petitioners] ask for equal dignity in the eyes of the law. The Constitution grants them that right.”[5]

Martin-Quinn score

Kennedy's Martin-Quinn score following the 2016-2027 term was .407, making him the fourth-most conservative justice on the court at that time. Martin-Quinn scores were developed by political scientists Andrew Martin and Kevin Quinn from the University of Michigan, and measure the justices of the Supreme Court along an ideological continuum. The further from zero on the scale, the more conservative (>0) or liberal (<0) the justice. The chart below details every justice's Martin-Quinn score for the 2016-2017 term.

Judicial Career

United States Supreme Court (1988-2018)

President Ronald Reagan nominated Kennedy to the Supreme Court after Reagan's failed attempts at nominating bothRobert Bork andDouglas Ginsburg.[6][7]

While vetting Kennedy for a potential nomination, some of Reagan'sJustice Department lawyers said that Kennedy was too eager to inject the courts into disputes that many conservatives would rather leave to legislatures and to identify rights not expressly written in the Constitution. Kennedy's stance favoring privacy rights also drew criticism. Kennedy citedRoe v. Wade and other privacy rights cases favorably, which one attorney called "really very distressing."[8]

Ninth Circuit Court of Appeals (1975-1988)

Map of the Ninth Circuit. Click on a district to find out more about it.


Prior to his appointment to the Supreme Court, Kennedy served on theUnited States Court of Appeals for the 9th Circuit. He was recommended by then-GovernorRonald Reagan toPresident Gerald Ford, who nominated Kennedy on March 3, 1975. Kennedy received his commission onMarch 24, 1975. He was only 38 years old when he was appointed to the Ninth Circuit and was the youngest federal appellate judge in the country.[9]

Supreme Court statistics

Opinions by year

Below is a table of the number of opinions, concurrences, dissents and splits (concur in part, dissent in part) that Kennedy has issued since joining the Supreme Court according to the data on Cornell University’s Legal Information Institute and from the annualStat Pack produced by the websiteSCOTUSBlog.[10][11]

20062007200820092010201120122013201420152016
Opinions977791188698
Concurrences85156351422
Dissents30314311320
Totals2012121419171410131310
198819891990199119921993199419951996199719981999200020012002200320042005
Opinions715121191281289981198788
Concurrences4101171081455195557684
Dissents348754113235413565
Concur in part, Dissent in part011202002010000300
Totals143032272426231818122218201518212217

Frequency in majority

In the 2017 term, Kennedy was in the majority in 92 percent of decisions. He was in the majority in more than any of the eight justices except John Roberts. In the 2016 term, Roberts was in the majority in 97 percent of decisions. He was in the majority more often than all other justices during this term. Since the 2011 term, Roberts has been in the majority more than 80 percent of the time each term, and been in the majority more than 90 percent of the time six times.[12]

Noteworthy cases

The noteworthy cases listed in this section include any case where the justice authored a 5-4 majority opinion or an 8-1 dissent. Other cases may be included in this section if they set or overturn an established legal precedent, are a major point of discussion in an election campaign, receive substantial media attention related to the justice's ruling, or based on our editorial judgment that the case is noteworthy. For more on how we decide which cases are noteworthy, clickhere.


Bans on same-sex marriage held unconstitutional (2015)

See also:United States Supreme Court (Obergefell v. Hodges, 576 U.S. ___)

Justice Kennedy delivered the majority opinion of the court in the case. Same-sex couples inKentucky,Michigan,Ohio, andTennessee brought challenges against agencies in those states that refused to recognize same-sex marriages. The challengers, relying on the U.S. Supreme Court's decision inUnited States v. Windsor that struck down portions of the Defense of Marriage Act as unconstitutional, petitioned the court to apply similar logic to state statutes. Specifically, thepetitioners argued that the statutory bans on same-sex marriage violated rights of equal protection and due process under theFourteenth Amendment. Each of the different trial courts ruled in favor of thepetitioners, but, after consolidating the appeals, theSixth Circuit Court of Appealsreversed, holding that the bans did not violate the Fourteenth Amendment.

In announcing the judgment of the court, Justice Kennedy, who also wrote the court's opinion inWindsor, ruled that the state bans violated the petitioners' Fourteenth Amendment rights. Justice Kennedy held that the right to marry is a fundamental right protected by both the due process clause and the equal protection clause of theFourteenth Amendment and that this right extends to same-sex couples who wish to marry as well. As a result of the opinion, state bans on same-sex marriage were struck down across the United States.

Certain limits on campaign finance struck down (2010)

See also:United States Supreme Court (Citizens United v. FEC, 528 U.S. 62)

Justice Kennedy was the majority opinion writer in the case involving the nonprofit group Citizens United and the Federal Elections Commission (FEC). Citizens United brought the original case against the FEC to allow the release ofHillary: The Movie to video-on-demand services. Citizens United said that it was important to protect corporate political speech in the same way that media outlets are protected. They also argued that they did not need to disclose who was funding political ads.

The FEC said that the practice would lead to aquid pro quo scenario and that corporations were not "natural persons" that should receive free speech protection. Justice Kennedy referenced thequid pro quo argument in his ruling:

Limits on independent expenditures, such as 441b, have a chilling effect extending well beyond the Government's interest in preventingquid pro quo corruption. The anticorruption interest is not sufficient to displace the speech here in question. Indeed, 26 States do not restrict independent expenditures by for-profit corporations. The Government does not claim that these expenditures have corrupted the political process in those States.[13][14]

The opinion also found that the "natural persons" argument was flawed, in that there is no way to define when someone crosses over from being a person to a corporation. Finally, Kennedy wrote that organizations must continue to disclose who they are if they are releasing political information.

The First Amendment protects political speech; and disclosure permits citizens and shareholders to react to the speech of the corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.[13][14]

Chief JusticeJohn Roberts and JusticesSamuel Alito andAntonin Scalia concurred. JusticesClarence Thomas,Ruth Bader Ginsburg,Stephen Breyer,John Paul Stevens andSonia Sotomayor concurred in part and dissented in part.

Execution of minor defendants ruled unconstitutional (2005)

See also:United States Supreme Court (Roper v. Simmons, 543 U.S. 551)

Justice Kennedy delivered the majority opinion of the court in this case. The court held that theEighth Amendment's protection against cruel and unusual punishment prohibited the execution of anyone convicted of a capital crime and sentenced to death who was a minor at the time the crime was committed.

Christopher Simmons was sentenced to death in 1993 for crimes committed when he was under the age of 18. After a number of appeals of his sentence were brought in state and in federal court, theMissouri Supreme Court stayed Simmons' execution while theU.S. Supreme Court decidedAtkins v. Virginia in 2002. InAtkins, the Supreme Court ruled that executing developmentally disabled individuals violated theEighth Amendment and theFourteenth Amendment. Based on the court's decision, the Missouri Supreme Court reconsidered Simmons' appeal. In light of the court's ruling inAtkins, the Missouri court held that the law permitting execution of minors was no longer valid, specifically rejecting the U.S. Supreme Court's 1989 ruling inStanford v. Kentucky permitting the practice.

The U.S. Supreme Courtaffirmed the judgment of the Missouri Supreme Court. Basing his ruling on the apparent consensus in state law and international law, as well as psychological evidence in support of the contention that minors do not possess the full faculties to appreciate the gravity of their decisions, Justice Kennedy held that the evolving standards of decency dicta in theEighth Amendment's jurisprudence no longer permitted the execution of criminal minor defendants.

State bans on sodomy ruled unconstitutional (2003)

See also:United States Supreme Court (Lawrence v. Texas, 539 U.S. 558)

Justice Kennedy wrote the opinion for the 2003 case of Lawrence v. Texas, a case where two men were charged with sodomy for having consensual same-sex intercourse. Kennedy found the statute involved in the arrest of the men to be unfairly applied to same-sex couples. He pointed to cases wherein other states have anti-sodomy laws that show no signs of being enforced on consenting adults in private. He wrote:

The 25 States with law prohibiting the relevant conduct referenced in theBowers decision are reduced now to 13, of which 4 enforce their laws only against homosexual conduct. In those States where sodomy is still proscribed, whether for same-sex or heterosexual conduct, there is a pattern of nonenforcement with respect to consenting adults acting in private.[15][14]

Kennedy closed his opinion by saying that the State has no justifiable interest in the intrusion on private activities of two consenting adults.[15]

Essential holding ofRoe v. Wade reaffirmed (1992)

See also:United States Supreme Court (Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833)

Justice Kennedy joined JusticesSandra Day O'Connor andDavid Souter in announcing the judgment of the court. The case challenged revisions made by the Pennsylvania legislature in 1988 and in 1989 to the state's abortion law. The law required a woman wishing to terminate her pregnancy to provide informed consent and to complete a 24-hour waiting period prior to the procedure. A minor seeking an abortion was required the provide the consent of at least one parent, though the law had a procedure for a judicial bypass of this requirement. A married woman seeking an abortion had to document that she notified her husband of her intention to abort the fetus. A legal challenge to these provisions was prompted by several groups. TheThird Circuit Court of Appeals upheld each of the provisions except for the requirement that a married woman notify her husband of her intent to obtain an abortion.

In announcing the judgment of the court, Justice Kennedy, along with Justices O'Connor and Souter, affirmed the central holding ofRoe v. Wade—that a woman had a constitutional right to terminate a pregnancy—but upheld the majority of Pennsylvania's requirements. The court adopted a new standard for determining the validity of statutory regulations of abortions. This standard, which is sometimes called the undue burden standard, considers whether a state law or regulation places an undue burden on a woman's constitutional right to terminate a pregnancy. In the text of the opinion, an undue burden was defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." Under this test, only the requirement that a married woman notify her husband of her intent to obtain an abortion was struck down by the court. The provision had also been struck down by theThird Circuit below.


Recent news

The link below is to the most recent stories in a Google news search for the termsAnthony Kennedy Supreme Court. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links


Footnotes

  1. Twitter, "Kimberly Robinson," June 27, 2018
  2. Oyez, "Anthony M. Kennedy," accessed April 8, 2021
  3. Oyez, "Anthony M. Kennedy," accessed April 8, 2021
  4. 4.04.1Cornell University Law School, "Legal Information Institute: Anthony M. Kennedy," accessed April 9, 2021
  5. Oyez, "Anthony M. Kennedy," accessed April 8, 2021
  6. Greenburg, J. C. (2007).Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court. Penguin Books. Pages 53-60.
  7. The New York Times, "Washington talk: Court politics; nursing wounds from the Bork fight," November 30, 1987
  8. Greenburg, J. C. (2007).Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court. Penguin Books. Page 54.
  9. Time Magazine, "What will Justice Kennedy do?" June 18, 2012
    Scroll to page 6
  10. Cornell University, "Writings by Justice Kennedy," accessed April 9, 2021
  11. SCOTUSBlog, "Final Stat Pack for October Term 2016 and key takeaways," accessed April 16, 2018
  12. SCOTUSblog, "Frequency in the Majority," accessed April 9, 2021
  13. 13.013.1Supreme Court of the United States, "Citizen's United v. FEC," accessed June 12, 2014
  14. 14.014.114.2Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  15. 15.015.1Legal Law Institute at Cornell, "Lawrence v. Texas," accessed June 13, 2014
Political offices
Preceded by:
Lewis Powell
Supreme Court
1988–2018
Seat #2
Succeeded by:
NA
Preceded by:
Charles Merton Merrill
Ninth Circuit
1975–1988
Succeeded by:
Pamela Ann Rymer


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Federal judges who have served theU.S. Court of Appeals for the Ninth Circuit
Active judges

Chief JudgeMary Murguia  •  Mark Bennett (Hawaii)  •  Kim McLane Wardlaw  •  Morgan Christen  •  Ronald Gould  •  Johnnie Rawlinson  •  Consuelo Maria Callahan  •  Milan Smith  •  Jacqueline Nguyen  •  Lucy H. Koh  •  Sal Mendoza, Jr.  •  John B. Owens  •  Michelle T. Friedland  •  Lawrence VanDyke  •  Bridget S. Bade  •  Danielle Forrest  •  Ryan Nelson (Idaho)  •  Eric Miller (Washington)  •  Patrick Bumatay  •  Daniel Collins (California)  •  Kenneth Kiyul Lee  •  Ana de Alba  •  Gabriel Sanchez (California)  •  Holly Thomas  •  Daniel Bress  •  Jennifer Sung  •  Roopali Desai  •  Anthony Johnstone  •  Eric Tung

Senior judges

Mary Schroeder  •  Andrew Hurwitz  •  Diarmuid O'Scannlain  •  Andrew Kleinfeld  •  Sidney Thomas  •  Barry Silverman  •  Susan Graber  •  Margaret McKeown (California)  •  William Fletcher (California)  •  Richard Paez  •  Marsha Berzon  •  Richard Tallman  •  Richard Clifton  •  Jay Bybee  •  Carlos Bea  •  Sandra Ikuta  •  Randy Smith (Federal appeals judge)  •  John Clifford Wallace  •  Dorothy Wright Nelson  •  William Canby  •  Stephen Trott  •  Ferdinand Francis Fernandez  •  Michael D. Hawkins  •  Atsushi Wallace Tashima  •  

Former judgesAnthony Kennedy  •  Lorenzo Sawyer  •  Joseph McKenna (Supreme Court)  •  William Ball Gilbert  •  Erskine Mayo Ross  •  William Henry Hunt (U.S. 9th Circuit Court)  •  Wallace McCamant  •  Frank Sigel Dietrich  •  William Henry Sawtelle  •  Francis Arthur Garrecht  •  William Denman  •  Clifton Mathews  •  Bert Emory Haney  •  William Healy  •  Homer Bone  •  William Edwin Orr  •  Walter Pope  •  Dal Lemmon  •  Richard Harvey Chambers  •  Stanley Nelson Barnes  •  Oliver Hamlin  •  Gilbert Jertberg  •  Charles Merton Merrill  •  Montgomery Koelsch  •  Benjamin Duniway  •  Walter Raleigh Ely, Jr.  •  James Marshall Carter  •  Shirley Hufstedler  •  Eugene Allen Wright  •  John Francis Kilkenny  •  Ozell Trask  •  Herbert Choy  •  J. Blaine Anderson  •  Thomas Tang  •  Cecil Poole  •  William Albert Norris  •  Charles Edward Wiggins  •  Frederick Hamley  •  Alex Kozinski  •  Matthew Hall McAllister  •  William Morrow  •  Frank Rudkin  •  Harry Pregerson  •  Stephen Reinhardt  •  Pamela Rymer  •  Raymond Fisher  •  James R. Browning  •  Alfred Goodwin  •  Joseph Sneed  •  Procter Hug  •  Betty Binns Fletcher  •  Otto Skopil  •  Joseph Farris  •  Arthur Alarcon  •  Warren Ferguson  •  Robert Boochever  •  Cynthia Holcomb Hall  •  Robert Beezer  •  Melvin Brunetti  •  Edward Leavy  •  David R. Thompson (Federal judge)  •  Thomas G. Nelson (Federal judge)  •  Curtis Dwight Wilbur  •  Albert Lee Stephens, Sr.  •  Albert Lee Stephens, Jr.  •  William Orr (9th Circuit)  •  John Kilkenny  •  Paul Watford  •  
Former Chief judges

William Denman  •  Walter Pope  •  Richard Harvey Chambers  •  Mary Schroeder  •  Sidney Thomas  •  James R. Browning  •  Alfred Goodwin  •  John Clifford Wallace  •  Procter Hug  •  Albert Lee Stephens, Sr.  •  


Ronald Reagan
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Federal judges nominated byRonald Reagan
1981

BartlettBeamBeckerBorkCacherisCardamoneChapmanCoughenourCoxCrowCyrDoumarEschbachForresterGarwoodGibsonGlasserHallHamiltonHeadJonesKiserKrenzlerLeeMagnusonMcLaughlinMinerMooreNowlinO'ConnorPiercePosnerPotterRussellRyanShabazSprizzoStevensWatersWilhoitWilkinsWinter

1982

AckerAcostaAltimariBellBissellBlackBullockCaldwellCoffeyContieCoyleDowdFaggFongFoxGadboisGibsonGinsburgHartHigginbothamHoganIrvingJacksonJollyKanneKovachevichKrupanskyLynchMansmannMcNamaraMencerMentzMihmMoodyNordbergPaulPierasPlunkettPorfilioPotterPrattRafeedieRestaniRobertsScaliaSelyaTelescaWellford

1983

BaldockBarbourBarryBowmanCarmanCarterCurranDavisDorseyFeldmanFishFlaumGibbonsHallananHarrisHinojosaHullHuppKatzKeenanKellyKramLaffitteLimbaugh, Sr.Limbaugh, Sr.MilburnNesbittNevasO'NeillRymerSharpStarrVinsonVukasinWexler

Woods
1984

BarkerBeezerBiggersBillingsBissellBoyleBrewsterBrowningDiCarloDuheGarciaGeorgeHallHargroveHigginsHillHollandIdemanJarvisKellerLeavyLeeLeggeLeisureLittleLivaudaisLongobardiMcKibbenMilburnNewmanNorglePradoReaRosenblattRovnerSciricaSmith, Jr.SneedenStotlerSuhrheinrichTorruellaWigginsWilkinson

1985

AlleyAltimariAndersonAquilinoArcherArnoldBaldockBatchelderBatteyBroomfieldBrownBrownBrunettiBuckleyCobbConmyCowenDavidsonDimmickDuffEasterbrookEdgarFarnanFernandezFitzpatrickFusteGreeneGunnGuyHallHiltonHoldermanHughesJohnsonJonesKormanKozinskiLa PlataLeinenweberLettsLovellLudwigMaloneyMansmannMarcusMcDonaldMeredithMillerMillsMinerMotzNelsonNoonanPorfilioRevercombRhoadesRippleRodriguezRosenbaumRothRyanSamScottSentelleSilbermanSporkinStantonStapletonStrandStromTachaTevrizianThompsonToddTsoucalasWalkerWalterWeberWilliamsWilsonWingateWolfWollmanYoungZloch

1986

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1987

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1988

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Gerald Ford
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Federal judges nominated byGerald Ford
1974

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1975

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1976

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Wood