Retired Justice Anthony Kennedy Warns of Rising Partisanship and Vulgarity in U.S. Political and Judicial Discourse

In a rare public reflection ahead of his memoir release, former Supreme Court Justice Anthony Kennedy voices concern that political division and coarsened public dialogue—fueled in part by the Trump era—are eroding trust in democracy and the judiciary.

WASHINGTON | In a candid and sobering interview ahead of the release of his memoir “Life, Law & Liberty,” retired U.S. Supreme Court Justice Anthony Kennedy expressed deep concern about the decline of civility and the encroachment of partisanship within the American judicial system and political discourse.

“The justices have to resist thinking of themselves as being partisan,” Kennedy told The Associated Press from his Supreme Court chambers. “In our current discourse, it seems to me, partisanship is creeping its way into the court.”

Kennedy, now 89, lamented the increasingly personal tone of judicial opinions and the breakdown of decorum in public life. “You criticize the opinion and the reasoning,” he said, “not the author. Some of the recent opinions are attacks on your colleagues… I was astounded, very worried about it.”

A Troubled View of Modern Politics and Public Language

Kennedy—who served as a pivotal swing vote on landmark cases involving abortion, gay rights, and campaign finance—pointed to the “vulgar and vile” language dominating today’s political rhetoric. From members of Congress using profanity in public to former President Donald Trump’s frequent inflammatory remarks, Kennedy said he is “concerned, worried, disappointed.”

“The rest of the world looks to us to see how free speech works, how democracy works,” he added. “They will not be impressed by what they see.”

Reflecting on the Court’s Legacy and Trump’s Influence

Nominated by President Ronald Reagan in 1987, Kennedy’s 30 years on the high court shaped American constitutional law for a generation. Yet since his retirement in 2018—and the subsequent conservative realignment of the Court—many of his major rulings have been reversed, including the 1992 decision that upheld abortion rights.

Asked about the 2015 Obergefell v. Hodges decision he authored, legalizing same-sex marriage, Kennedy said reversing it “would cause great hurt” to families and couples who have relied on its protection.

Though he avoided direct criticism of Trump, Kennedy acknowledged that “intemperate remarks” from top officials, including the former president, contribute to the erosion of civic norms. Still, he described Trump as “gracious” during their White House meeting upon his retirement and confirmed that while the administration sought his input on judicial nominees, “there was no discussion of my plans beforehand.”

Looking Ahead: A Warning for America’s 250th Year

With the nation’s 250th birthday approaching in 2026, Kennedy voiced uncertainty about the future of American democracy. “What about the next 250?” he asked quietly. “I’m not so sure.”

The retired justice’s reflections come as the Supreme Court faces its lowest public approval in decades, with partisanship and personal clashes increasingly visible in its opinions. His message—equal parts warning and plea—was clear: the judiciary must rise above politics to preserve its integrity.

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-- By James A. Wright

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