The David Rubenstein Show Anthony Kennedy
Nov 29, 2018
Former Supreme Court Justice Anthony Kennedy reflects on his career and the complexities of being a swing vote in landmark cases like Roe v. Wade. He discusses the balance between First Amendment rights and political funding, urging voter awareness. Kennedy also emphasizes the importance of civil discourse in democracy, drawing on insights from Aristotle and Plato. He advocates for a judiciary committed to truth and justice, highlighting the need for integrity in legal proceedings.
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Unexpected Outcome
- Justice Kennedy was surprised by his own ruling on gay marriage, influenced by his religious beliefs and the injustice faced by adopted children of gay parents.
- He wrote the case over a weekend, realizing the Constitution couldn't discriminate against these families.
Judicial Introspection
- Judges must constantly re-evaluate their reasoning, even in familiar cases.
- They should question their motivations and ensure alignment with their oath to listen impartially.
Money in Politics
- Citizens United highlighted concerns about money's influence in politics.
- The government's argument for restricting political publications based on their timing concerning elections raised First Amendment issues.