Anthony Kennedy - Knowledge

4992:(2009), which involved an Alaskan mining company that planned to extract new gold from a mine that had been closed for decades using a technique known as "froth-flotation". This technique would produce approximately 4.5 million tons of "slurry", a thick waste product laced with toxic elements such as lead and mercury. The company intended to dispose of the waste in a nearby lake, which would eventually decrease the depth of the lake by fifty feet and flood the surrounding land with contaminated water. While federal law forbids "he use of any river, lake, stream or ocean as a waste treatment system", Kennedy's decision stated that pollutants are exempt from this law so long as they have "the effect of ... changing the bottom elevation of water". Justice Ginsburg's dissent stated that such a reading of federal law "strains credulity" because it allows "hole categories of regulated industries" to "gain immunity from a variety of pollution-control standards". 10887: 4500: 705: 10117: 9437: 47: 6318: 301: 4710:, starting in 2003, Kennedy became a leading proponent of the use of foreign and international law as an aid to interpreting the United States Constitution. Toobin sees this consideration of foreign law as the biggest factor behind Kennedy's occasional breaking with his most conservative colleagues. The use of foreign law in Supreme Court opinions dates back to at least 1829, though according to Toobin, its use in interpreting the Constitution on "basic questions of individual liberties" began only in the late 1990s. 4632:(who had previously been known as the court's primary swing vote). Kennedy, who was slightly more conservative than former Justice O'Connor was on issues of race, religion, and abortion, intensely disliked being labeled a "swing vote" in public. However, interviews with former clerks indicate that, behind the scenes, he relished his role as the deciding vote, to the point that some of them expressed a belief that he would pretend to waver on votes when he had, in fact, already made up his mind. 4416: 4402: 4978:

against individual persons, even including child rape, on the other. The latter crimes may be devastating in their harm, as here, but in 'terms of moral depravity and of the injury to the person and to the public' ... they cannot be compared to murder in their 'severity and irrevocability'." The opinion concluded that in cases of crimes against individuals, "the death penalty should not be expanded to instances where the victim's life was not taken".

5110:. In the majority opinion on this case, Kennedy wrote, "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment." 5042:, stating that further research showed that American anti-sodomy laws had historically been directed at "nonprocreative sexual activity more generally", rather than specifically at homosexual acts. Combined with the fact that such laws had often gone unenforced, the Court saw this as constituting a tradition of avoiding interference with private sexual activity between consenting adults. He also said that the reasoning behind 4679:. According to legal analyst Jeffrey Toobin, some conservatives viewed Kennedy's pro-gay-rights and pro-choice rulings as betrayals. According to Crawford, the "bitter" quality of some movement conservatives' views on Kennedy stems from his eventual rethinking of positions on abortion, religion, and the death penalty (which Kennedy believes cannot be constitutionally applied to juveniles or intellectually disabled people). 4628:

becoming the median justice on the court in 2006, Kennedy sided with conservatives during close rulings 75 percent of the time. However, Kennedy was also known for siding with the court's liberal justices on high-profile social issues like same-sex marriage and abortion. Kennedy was known as a swing vote on the court, and this reputation became more pronounced after the 2005 retirement of Justice

5271:(2003) that upheld BCRA's restriction of corporate spending on "electioneering communications". The Court's ruling effectively freed corporations and unions to spend money both on "electioneering communications" and to directly advocate for the election or defeat of candidates (although not to contribute directly to candidates or political parties). 4900:

restrictions so long as they had the potential to affect its operations. Kennedy emphasized this point by writing: "when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline".

4938:, the law did not pass strict scrutiny nor was it narrowly tailored for that purpose. The barring of a substantial amount of online expression was therefore unrelated to its stated goal and acted "to foreclose access to social media altogether to prevent the user from engaging in the legitimate exercise of First Amendment rights". 5282:"will likely replace political parties as a conduit for large, often secret contributions, allowing an end run around the $ 2,500 individual contribution limit and the bar on corporate and labor contributions to federal candidates". According to Hasen, the rise of super PACs dates to a sentence in Kennedy's opinion in 5392:(2011) dissented on an interpretation of the Sixth Amendment right to confront witnesses, where a lab tech who created a forensic report on a case is required to testify at trial if called. His dissents, joined by Roberts, Breyer, and Alito, claimed that the rule would place a burden on understaffed labs. However, in 4899:

to determine whether or not an employee spoke as a citizen on a matter of public concern or in the capacity of his office. Upon the identification that speech was said in an official capacity, Kennedy determined that a government entity, in its role as an employer, had the discretion to impose speech

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After the judicial appointments made by President George W. Bush, Kennedy again became the needed fifth vote to strike down abortion restrictions. Since Kennedy's conception of abortion rights was narrower than O'Connor's, the court became slightly more supportive of abortion restrictions after 2006.

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Kennedy issued conservative rulings during most of his tenure, having voted with William Rehnquist as often as any other justice from 1992 to the end of the Rehnquist Court in 2005. In his first term on the Court, Kennedy voted with Rehnquist 92 percent of the time—more than any other justice. Before

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His hearings before the Senate Judiciary Committee began on December 14, and lasted just three consecutive days. When the Senate voted on Kennedy's nomination, he received bipartisan support. Maureen Hoch of PBS wrote that he "virtually sailed through the confirmation process and was widely viewed by

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found that the BCRA §203 prohibition of all independent expenditures by corporations and unions violated the First Amendment's protection of free speech. The majority wrote, "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for

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decision in effect says the State of Georgia has the right to make a wrong decision—wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a

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One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in

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In a Ninth Circuit dissent that Kennedy wrote before joining the Supreme Court, he criticized police for bribing a child into showing them where the child's mother hid drugs. Considering such conduct offensive and destructive of the family, Kennedy wrote that "indifference to personal liberty is but

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protections as those afforded to government employees. Accordingly, Northlake could not base the towing company's employment on its political affiliations or beliefs unless the city could demonstrate that their political affiliations "had a reasonable and appreciable effect on its job performance".

5306:(1989). In his concurrence, Kennedy wrote, "It is poignant but fundamental that the flag protects those who hold it in contempt." He took a very broad view of constitutional protection for speech under the First Amendment, invalidating a congressional law prohibiting "virtual" child pornography in 4721:

focused on his internationalist perspective. According to David Savage, Kennedy had become a strong proponent of interpreting the guarantees of liberty and equality in line with modern human rights law: "lawyers and judges have come to believe the basic principles of human rights are common to the

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On the Roberts Court, Kennedy often decided the outcome of cases. In the 2008–2009 term, he was in the majority 92 percent of the time. In the 23 decisions in which the justices split 5–4, Kennedy was in the majority in all but five. Of those 23 decisions, 16 were strictly along ideological lines,

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Defending his use of international law, in 2005 Kennedy told Toobin, "Why should world opinion care that the American Administration wants to bring freedom to oppressed peoples? Is that not because there's some underlying common mutual interest, some underlying common shared idea, some underlying

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bars Louisiana from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim's death." The opinion went on to state that "there is a distinction between intentional first-degree murder on the one hand and nonhomicide crimes

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and ended the legal challenge to the election of President George Bush. Although the decision was published without an author, Kennedy wrote the decision. Behind the scenes, colleagues criticized his professionalism in this case, feeling that he inflated the numbers of his majority opinion by

5093:(2010), the Court held that a public law college's policy requiring that all student organizations allow any student to join was constitutional. The Christian Legal Society wanted an exemption from the policy because the organization barred students based on religion and sexual orientation. 10250: 10245: 10240: 10235: 10230: 10225: 10220: 10215: 10210: 10205: 10200: 10195: 10190: 10185: 4516:

the precursor of the state's hostility to it." Kennedy wrote an article the year before, however, about judicial restraint, and the following excerpt from it was read aloud by Jeffrey Levi, executive director of the National Gay & Lesbian Taskforce, at his confirmation hearing:

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Justice Kennedy's opinion for the majority also noted that because the First Amendment does not distinguish between media and other corporations, these restrictions would allow Congress to suppress political speech in newspapers, books, television, and blogs. The court overruled

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On October 19, 2009, Kennedy temporarily blocked Washington state officials from releasing the names of people who signed petitions calling for a referendum ballot measure that would repeal a gay rights domestic partnership law, but joined the subsequent majority decision in

6751: 5292:." Kennedy also wrote in his opinion that he was not concerned if higher expenditures by people or corporations were viewed as leading to corruption, stating, "the appearance of influence or access will not cause the electorate to lose faith in this democracy." 645:: 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, which he chaired from 1982 to 1990. 4548:

conservatives and liberals alike as balanced and fair". The U.S. Senate confirmed him on February 3, 1988, by a vote of 97 to 0; he is the most recent Supreme Court justice to be confirmed by a unanimous vote. Absent from the vote were three Democrats:

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in February 2016, Kennedy became the Senior Associate Justice of the court and the last appointed by President Reagan; he remained the Senior Associate Justice until his retirement. Kennedy retired from the Supreme Court and made the transition to

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Kennedy was in private practice in San Francisco from 1961 to 1963. In 1963, following his father's death, he took over his father's Sacramento practice, which he operated until 1975. From 1965 to 1988, he was a professor of constitutional law at

5364:(2003), Kennedy wrote a partial dissent in which he argued that railroad workers who had contracted asbestosis from their employment should not be entitled to recovery for the emotional pain and suffering from their increased risk of cancer. 4526:

necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.

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On November 11, 1987, Reagan nominated Anthony Kennedy to fill Powell's seat. Kennedy was then subjected to an unprecedentedly thorough investigation of his background, which did not uncover any information that would hinder his nomination.

5265:(1990), which had held that a state law that prohibited corporations from using treasury money to support or oppose candidates in elections did not violate the First and Fourteenth Amendments. The Court also overruled that portion of 5004:(9th Cir. 1980) that noted that some homosexual behavior may be constitutionally protected – yet upheld the military's policy of discharging service members on the basis of homosexuality. He later wrote the Supreme Court's opinion in 4805:

and allowed more restrictions. Owing to the Court's altered composition under President Clinton, Kennedy was no longer the fifth vote to strike down abortion restrictions. Hence, O'Connor became the justice who defined the meaning of

363: 6743: 5084:, which stated the Washington law permitting signature release was constitutional, but remanded the matter to the lower court to determine whether the release of this particular petition's signatures was constitutional. 8108: 364: 5147:. At issue was whether Washington, D.C.'s ban violated the right to "keep and bear arms" by preventing individuals from having guns in their homes. Kennedy sided with the conservatives on the Court, holding that the 5234:, 572 U.S. 565 (2014), concluding, "The town of Greece does not violate the First Amendment by opening its meetings with prayer that comports with our tradition, and does not coerce participation by nonadherents." 4212: 5465:

On June 23, 1963, Kennedy married Mary Jeanne Davis from Sacramento, California. The Kennedys have three children: Justin, Gregory, and Kristin. Mary Kennedy and the three Kennedy children are all graduates of

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The Court held that Northlake neither attempted nor would it have been able to make such a demonstration. Therefore, Northlake's removal of O'Hare Truck Service from its employment list was unconstitutional.

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was not widely accepted in American law (pointing, for example, to the Model Penal Code's recommendations starting in 1955) and that it had been rejected by most other developed Western countries (as in the

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No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they

4136: 6643: 5061:). As a result, Kennedy stated that there was a jurisprudential basis for thinking that "an integral part of human freedom" is allowing consenting adults to choose to privately engage in sexual activity. 4540:

case so far as its reasoning or its result." He also discussed "a zone of liberty, a zone of protection, a line that's drawn where the individual can tell the Government, 'Beyond this line you may not go.

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The court said not only that the detainees have rights under the Constitution, but that the system the administration has put in place to classify them as enemy combatants and review those decisions is

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The court also concluded that the detainees are not required to exhaust review procedures in the court of appeals before seeking habeas relief in the district court. In the ruling, Kennedy called the

4917:- and that the government failed to provide a direct causal link between the restriction and a potential injury. Additionally, Kennedy wrote that such a restriction failed to meet the standards of 8744: 7310: 5488:

from 1997 to 2009; he became its global head of real estate capital markets. During his time at Deutsche Bank he helped Donald Trump secure a $ 640 million loan for a Chicago real estate project.

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and Kennedy joined the conservative wing of the court 11 times; the liberals, five. In the 2010–2011 term, 16 cases were decided by a 5–4 vote; Kennedy joined the majority in 14 of the decisions.

6555: 11325: 536:. His ancestry was mainly Irish, with some Scottish, German, and English ancestry as well. He was the son of Anthony J. Kennedy (1902–1963), an attorney with a reputation for influence in the 5961: 459:

in February 2016, Kennedy became the senior associate justice of the court; he remained the senior associate justice until his July 2018 retirement. Kennedy retired during the presidency of

10727: 10684: 7644: 5545: 4692:" rather than careful analysis of his opinions. Kennedy himself responds to concerns about judicial activism this way: "An activist court is a court that makes a decision you don't like." 8775: 5038:(1986). In both cases, he sided with the more liberal members of the Court. He wrote that the Court had misread the historical record regarding laws criminalizing homosexual relations in 5202:"inadequate". He explained, "to hold that the political branches may switch the constitution on or off at will would lead to a regime in which they, not this court, 'say what the law is 4596:. One clerk derisively stated that "the premise is that he can't think by himself, and that he can be manipulated by someone in his second year of law school". This notion also led the 8585: 3799: 5875: 10426: 10421: 10416: 10411: 10406: 10401: 10396: 10391: 10386: 10381: 10376: 10371: 10366: 10361: 10356: 10351: 10346: 10341: 8521: 2454: 11330: 9407: 9199: 5560: 9215: 9183: 5527: 5357:(2005), he joined the four more liberal justices in supporting the local government's power to take private property for economic development through the use of eminent domain. 9423: 7937: 7745: 5565: 5550: 8100: 4584:

president, Kennedy was not easily pigeonholed ideologically; he had a reputation for looking at cases individually instead of deciding them on the basis of a rigid ideology.

9391: 9375: 9359: 9327: 9279: 5373:, Kennedy played a deciding role in the outcome of lethal injection. Some correspondents believed he would play a larger role, believing more than two judges would dissent. 7810: 9343: 9295: 9263: 9247: 9231: 8077: 5555: 11300: 10619: 9456: 9311: 9028: 4988: 397: 67: 11335: 9167: 5540: 4893:

relating to whether the First Amendment protects statements by public officials pursuant to their duties from employer discipline. Kennedy utilized past precedents in

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unconstitutional. In doing so, Kennedy determined the Act supported a content-based restriction on speech - that being a nondefamatory falsehood of having received a

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from social media is a violation of the First Amendment. Kennedy noted that, while the restriction was tailored to suit a government interest in preventing child

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refused to grant the exemption. The court found that Hastings' policy was reasonable and viewpoint neutral. Kennedy wrote a concurrence joining the majority.

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common shared aspiration, underlying unified concept of what human dignity means? I think that's what we're trying to tell the rest of the world, anyway."

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quoted several former Supreme Court clerks as indicating that they believe Kennedy was often swayed by the opinions of his clerks, including his ruling on

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McLeod; 1904–1981), who participated in many local civic activities. As a boy, Kennedy came into contact with prominent politicians of the day, such as

10154: 8968: 6126: 5148: 4974: 2631: 8713: 7701: 6529: 6227: 5990: 5923: 11255: 10657: 8397: 4875: 4303: 4151: 6498: 6251:"Justice Anthony Kennedy: In 1988, President Reagan needed a rock-solid Supreme Court Justice nominee after two previous nomination attempts failed" 10459: 7634: 5958: 5158: 4747:, 497 U.S. 417 (1990), Kennedy voted to uphold a restriction on abortion for minors that required both parents to be notified about the procedure. 4313: 955: 789: 8655: 7860: 6055: 7893: 5183:. The case challenged the legality of Lakhdar Boumediene's detention at the Guantanamo Bay military base as well as the constitutionality of the 2566: 8767: 7174: 6404: 11096: 6111: 5284: 5250: 5000:

Kennedy's concept of liberty has included protections for sexual orientation. While Kennedy was an appeals-court judge, he wrote a decision in

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Schmidt, Patrick D. and David A. Yalof. "The 'Swing Voter' Revisited: Justice Anthony Kennedy and the First Amendment Right of Free Speech",

8577: 6254: 4557: 2571: 11305: 11275: 5867: 5755: 4476:, who had announced his retirement in late June. However, he was rejected 42–58 by the Senate on October 23. The president's next nominee, 4318: 2593: 8872: 8511: 8046: 6720: 6348: 5507:, and, since October 2016, is the chief operating officer at the investment bank Disruptive Technology Advisers, which works closely with 10736: 5784: 5631: 3654: 7373: 6948: 6427: 6917: 6839: 5307: 4177: 3750: 3049: 2721: 2607: 1033: 684: 6306: 2613: 11265: 9123: 7753: 6091: 4921:, with the law acting to " to control and suppress all false statements on this one subject in almost limitless times and settings". 4447: 616: 8241: 7987: 7934: 5191:

applies to persons held in Guantanamo Bay and to persons designated as enemy combatants on that territory. They also found that the

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He has the distinction of being the only Supreme Court Justice to have two former clerks of his be appointed to the Supreme Court,

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said that if Reagan's next nominee was unacceptable to Senate Democrats, they would refuse hearings for any candidate until after

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was a psychiatric witness for the prosecution, tasked with fighting against an insanity defense. The juries usually deadlocked.

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deciding, without consulting the dissenting justices, to implicate some of the dissenters as having joined his opinion in part.

4964:, however, he declined to join the dissent, which questioned the overall "soundness" of the existing capital punishment system. 4600:

to target Kennedy with more conservative clerks, believing this would make Kennedy more conservative. Two of his former clerks,

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failed to provide an adequate substitute for habeas corpus and that the MCA was an unconstitutional suspension of that right.

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an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the

11310: 11250: 11240: 11235: 11225: 11121: 8833: 7675: 7100: 7043: 6987: 4958:, Kennedy agreed that the execution of the mentally ill and those under 18 at the time of the crime was unconstitutional. In 734: 20: 11320: 11063: 10452: 4466: 3867: 3789: 2930: 2694: 2531: 2240: 1308: 852: 8303: 5672: 5300:

On the issue of the limits of free speech, Kennedy joined a majority to protect flag burning in the controversial case of

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because it did not impose an "undue burden" upon the exercise of abortion rights. The decision did not expressly overrule

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This article is about the associate justice of the U.S. Supreme Court. For the 19th-century United States senator, see

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criticized Kennedy for his reliance on international law and for conducting his own Internet research, calling him a

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excluding homosexuals from any state or local anti-discrimination protections. He wrote the Court's opinion in

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Toobin, Jeffrey. "Swing Shift: How Anthony Kennedy's passion for foreign law could change the Supreme Court",

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nationwide. The closing paragraph of Kennedy's ruling has been used by many couples in their marriage vows:

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Justice Anthony M. Kennedy addresses the Academy delegates at the 2014 Achievement Summit in San Francisco.

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in subsequent cases, while Kennedy was relegated to dissents in which he sought to explain what he thought

4158: 3728: 3146: 822: 537: 8974: 8385: 4834:, 550 U.S. 124 (2007), which held that a federal law criminalizing partial-birth abortion did not violate 11270: 10705: 9536: 7918: 7639: 6490: 6047: 5224: 4756: 4592: 4251: 4222: 3981: 3971: 3956: 3944: 3794: 3713: 3118: 2588: 562: 512: 8264: 7131: 6790:"DeLay slams Supreme Court Justice Kennedy: Lashes out at other judges, calling them 'judicial activists 6099:

Address to the Canadian Institute for Advanced Legal Studies, Stanford University. Palo Alto, California

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Awards Council member Justice Anthony M. Kennedy addresses the Academy delegates at the Supreme Court.

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international program and has attended the large yearly international judges' conference held there.

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than did his colleague, Justice Sandra Day O'Connor, favoring a "Coercion Test" that he detailed in

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Several proposed nominees were noted as unacceptable immediately following Bork's rejection, with

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