Kennedy Warns of Threats to Judicial Independence

Former U.S. Supreme Court Justice Anthony Kennedy expressed concerns on Thursday regarding the increasing tensions in political discourse and the threats directed at judges. He believes these challenges threaten judges’ ability to embody the principles of freedom and democracy globally.

Speaking during a virtual forum, Kennedy, who served on the court after being appointed by President Reagan and retired in 2018, highlighted the importance of protecting judges and their families. He articulated that the rule of law is being jeopardized amidst what he sees as a hostile environment.

“Many people worldwide are looking at the United States to understand democracy,” he remarked during the event. “If they witness adversarial and peculiar discussions, especially when identity politics overshadow substantive issues, it places democracy itself at risk,” he added.

Kennedy’s remarks precede a pivotal ruling from the current Supreme Court. Interestingly, he avoided mentioning former President Trump directly, despite other speakers noting a surge in threats against judges, particularly following judicial decisions that countered key components of Trump’s agenda during his presidency.

Some of Kennedy’s comments seem to have been influenced by prior attacks on judges by the Trump administration, including negative remarks about judges he had appointed. For instance, in March, Trump referred to U.S. District Court Judge James Boasberg as a “radical left-handed man” for blocking certain actions by his administration.

Trump’s language has coincided with an uptick in threats against judges. However, a government spokesperson emphasized that the president does not support threats and, on the contrary, is backed by the Justice Department against such conduct.

Kennedy stated that it is crucial for judges to safeguard themselves and their families. He recounted that “judges are most secure when the public acknowledges their essential role in our discussions.” He raised alarms over the current tone of political discourse, lamenting that the politics of identity often overshadow meaningful civic dialogue.

Other judges from different countries joined the forum, expressing their own concerns that attacks on the U.S. judiciary could negatively impact democracy. U.S. District Judge Estelle Salas, without naming Trump, shared the tragic story of her son, who was killed by an angry former lawyer at her home in 2020, noting that misinformation about judges often trickles down from the top.

Salas highlighted a significant rise in threats against judges, reporting that this year is on track to set records for threats against the judiciary, attributing the increase to a toxic political climate. “We’re not heading toward a good record,” she cautioned.