Justice Kennedy demystifies the Supreme Court's procedures, from the 'rule of four' used to grant certiorari for cases with conflicting lower court rulings, to the confidential, seniority-based conferences where cases are debated. He stresses that justices do not 'horse trade' votes and that opinions evolve through a rigorous process of memos and debate.
Kennedy voices strong concern that partisanship is 'overemphasized' in the Senate's judicial confirmation process, arguing that temperament and qualifications should be paramount. He connects this to a broader societal decline in civil discourse, where political identity trumps rational debate, which he believes is a danger to the health of the democracy.
Through the lens of *Bush v. Gore*, Kennedy pushes back on the narrative of a purely political decision, noting that seven justices (including Republican appointees who sided with the dissent) agreed to hear the case. He acknowledges that the court is hurt by the perception of being political, but maintains that the legal reasoning, not party affiliation, drives decisions.
Kennedy identifies 'liberty' as the central theme of his jurisprudence, arguing the Constitution's authors used 'spacious words' because they knew freedom's components would be learned over time. He cites his opinion on gay marriage as an example, where the 'stigma and the hardship on the children' of same-sex couples became a decisive factor in interpreting liberty's application.
Keep pulling the thread on Anthony Kennedy.