The David Rubenstein Show Justice Anthony Kennedy
Nov 13, 2025
Former U.S. Supreme Court Justice Anthony Kennedy shares insights from his remarkable 30-year tenure on the bench. He discusses the critical issues of partisanship affecting the court, and reflects on the landmark decision that legalized same-sex marriage, emphasizing the importance of protecting families. Kennedy expresses concern about declining civility in political discourse and advocates for respectful democratic debate. He also reminisces about his early life, judicial appointments, and the value of collegiality among justices.
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Court Picks Conflicts To Shape Law
- The Supreme Court selects only cases where lower courts disagree, so its decisions shape new frontiers of law.
- Writing an opinion establishes legal ground that opens entire new areas for exploration.
Privacy Preserves Judicial Fairness
- Justices avoid private pre-argument discussions to preserve fairness and prevent undue influence.
- The Court keeps deliberations private, including double doors and airtight conference rooms, to protect process integrity.
Seniority Structures Court Deliberations
- The chief justice speaks first in conference and seniority governs speaking order and opinion assignment.
- Seniority, not age, determines many internal Court procedures like opinion assignment.
