On Thursday, former Supreme Court Justice Anthony Kennedy voiced concern that the United States is losing its credibility as a democratic model due to the increasingly contentious political climate and the dangers posed to judges.
During an online discussion discussing challenges to the rule of law, Kennedy stated, “Many in the rest of the world look to the United States to see what democracy is, to see what democracy ought to be.” Democracy is at jeopardy if public discourse is hostile and fractured, or if it prioritizes identity politics over addressing real challenges. Our liberty is in jeopardy.
As part of a series of remarks given by sitting and past judges, Kennedy, who retired in 2018, gave a 10-minute address that skirted details.
But the comments from the Reagan appointee seemed to have been prompted, at least in part, by the harsh criticisms leveled by President Trump against judges, including some he had appointed during his first term and who had ruled against Trump’s immigration policies, federal worker firings, and broad-based tariffs.
Trump branded U.S. District Court Judge James Boasberg a “radical left lunatic” in March after Boasberg sought to halt the deportation of accused Venezuelan gang members using a presidential power Trump had invoked during the conflict. Boasberg was appointed by Obama, and Trump has also demanded his impeachment.
Earlier this month, Trump took to social media to condemn judges he called “USA-hating” and described them as “monsters who want our country to go to hell.”
A surge in threats against judges has coincided with the president’s harsh rhetoric, while White House spokesman Sarah Sanders has stated that the president rejects such threats and that the Department of Justice will pursue legal action against anyone responsible.
Kennedy emphasized that judges should be able to defend themselves and their families. “A lot of the time, threats include our families.”
Others were more outspoken in criticizing Trump’s attacks on the judiciary.
U.S. District Judge Esther Salas, who did not specifically name Trump, did make reference to the president’s remarks, comparing them to assaults on judges that have led other nations to tyranny.
“Judges are dishonest. Does this ring a bell? Courts of law are tainted. Does this ring a bell? Judgment is a beast. … Judges despise the United States,” Salas said. Disinformation is being circulated from up high, and it is having a domino effect.
According to Salas, who lost a son and a husband in a horrific house invasion in New Jersey in 2020, the U.S. Marshals Service has recorded over 400 threats directed at judges this year alone.
This judge was appointed by Obama. “We’re going to break records — and not in a good way,” he said.
Kennedy did indirectly laud Trump in his remarks on Thursday, the day before his fellow Supreme Court justices are scheduled to give their last opinions of the current term. The White House arranged a truce between Israel and Iran, and the retired justice has stated time and again that he is pleased by the development.
A temporary ceasefire in the Middle East is being celebrated by nations throughout the globe, according to Kennedy. When we can put our differences aside and work together in harmony, we can strengthen our democracy, expand our access to freedom, and bring about greater freedom for all people everywhere. In the face of oppression, we must always stand firm for what is true.