Retired Supreme Court Justice Anthony Kennedy has emerged from his judicial retirement with a message that’s as sobering as it is timely: democracy, like a soufflé, isn’t guaranteed to rise. In a series of public appearances and interviews in 2025, Kennedy has traded his black robe for the role of an alarm bell, warning Americans about the dangers of deep political division, the erosion of civil discourse, and the precarious health of the rule of law. And yes, he’s worried—very worried.
Kennedy’s concerns are not the casual musings of a retiree dabbling in politics between golf games. They’re rooted in decades spent navigating the ideological minefield of the Supreme Court as its famed “swing vote.” If Kennedy had a nickname, it might have been “The Court’s Switzerland”—neutral, principled, and occasionally frustrating to both sides. But now, as he surveys the landscape of modern America, he sees less neutrality and more acrimony. And that acrimony, he warns, is bad news for democracy.
Discourse: From Respectful Debate to Verbal Cage Match
In an NPR interview set to air in October 2025 (mark your calendars for this ratings bonanza), Kennedy lamented the loss of reasoned and respectful discourse in favor of what he described as "antagonistic, confrontational conversation." Even the Supreme Court, once a bastion of measured deliberation, hasn’t escaped this trend. According to Kennedy, the tone of judicial opinions has become increasingly combative—a far cry from the days when dissenting opinions read like polite disagreements over tea.
Kennedy isn’t just critiquing the tone; he’s connecting it to broader societal risks. At June’s virtual "Speak Up for Justice Forum," he warned that America’s embrace of identity politics and divisive rhetoric could tarnish its reputation as a global example of democracy. He even linked this polarization to a rise in threats against judges—a chilling reminder that when respect for the judiciary erodes, so does respect for the rule of law itself.
The Swing Vote Reflects: When Cases Swung, Not Him
Kennedy’s forthcoming memoir,'Life, Law, and Liberty', offers a deeper dive into his judicial philosophy and reflections on landmark cases. The title alone sounds like it could double as an inspirational poster in a particularly highbrow law office. In it, Kennedy revisits his pivotal role in cases like Planned Parenthood v. Casey (1992), where he co-authored an opinion reaffirming abortion rights despite his personal anti-abortion views. His reasoning? The Constitution’s promise of liberty evolves over time, and his judicial oath required him to honor precedents protecting that liberty.
Fast-forward to 2022, when Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade and dismantled Casey. Kennedy isn’t thrilled. In his NPR interview, he expressed regret over his earlier confidence that key precedents would stand. His memoir reflects this disillusionment, as he grapples with how the court has swung further to the right since his retirement in 2018.
Kennedy’s philosophy on liberty is worth noting here—it’s not static but dynamic. He famously wrote in Obergefell v. Hodges (2015), which legalized same-sex marriage, that liberty must be understood over time. The Constitution’s framers, he argued, intentionally chose broad terms to inspire future generations to expand freedom's meaning. Originalists—those who consult 18th-century dictionaries like they’re planning a colonial-themed dinner party—might disagree, but Kennedy sees liberty as ever-evolving.
Dignity: The Rule of Law’s Secret Ingredient
If Kennedy had a favorite word, it might be "dignity." He views human dignity as the cornerstone of both liberty and the rule of law. In fact, he’s been handing out bookmarks abroad with his definition of the rule of law (yes, bookmarks—because wisdom is best shared in portable form). According to Kennedy, the rule of law must respect human dignity, bind government officials to its precepts, and provide systems for redress without fear or retaliation.
Kennedy’s emphasis on dignity isn’t just theoretical—it’s deeply practical. Take Lawrence v. Texas (2003), where he struck down laws criminalizing same-sex intimacy, or Obergefell, where he argued that denying same-sex couples the right to marry demeaned their dignity. For Kennedy, laws that humiliate or stigmatize individuals are an affront to both dignity and democracy.
But dignity isn’t just about individual rights—it’s also about civil discourse. Kennedy has recently expanded his focus to include how dignity shapes political dialogue. At the June forum, he argued that treating others with decency is essential for democracy’s survival. When identity politics reduces people to their party affiliations instead of engaging them as individuals, dignity takes a hit—and so does democracy.
A Fragile Connection: The Rule of Law Under Siege
Kennedy has repeatedly warned that the rule of law is fragile—a beautiful system that can be broken if not carefully maintained. In one of his more poetic moments (yes, judges can be poetic), he described how the rule of law "shows new beauty" when properly interpreted but requires "great effort to fix" once broken.
This fragility is especially concerning given Kennedy’s observations about threats against judges and the erosion of public respect for the judiciary. He argues that judges are best protected when the public understands their critical role in civil discourse—not as partisan actors but as guardians of justice. This understanding is at risk in an era where political attacks often target judges personally rather than addressing their rulings.
Kennedy’s Legacy: A Swing Vote for Civility
So what do we make of Justice Kennedy’s warnings? For one thing, they’re a reminder that democracy isn’t self-sustaining—it requires constant care and attention. Kennedy’s concerns about political division and judicial threats aren’t new, but they’re particularly resonant in a time when civility seems like an endangered species.
Kennedy’s legacy as a swing vote means his judicial philosophy defies easy categorization. He was conservative enough to be appointed by Ronald Reagan but progressive enough to author decisions expanding LGBTQ rights and reaffirming abortion access. His belief in dignity and evolving liberty made him a centrist in an increasingly polarized court—a rarity worth celebrating.
As Kennedy releases his memoir and continues speaking out, he’s offering more than just reflections on his time on the bench; he’s providing a blueprint for how America might rediscover its democratic soul. Whether or not we take his advice remains to be seen—but if democracy were a soufflé, Justice Kennedy might say it’s time to check the oven before it collapses entirely.
'The cases swung, not me': Ex-Justice Kennedy reflects on a changing Supreme Court : NPR https://www.npr.org/2025/09/27/nx-s1-5554409/justice-kennedy-book