Anthony McLeod Kennedy

Anthony McLeod Kennedy, born July 23 1936, is an American jurist who served as an associate justice of the Supreme Court of the United States for three decades, from 1988 until his retirement in 2018. Nominated by President Ronald Reagan and confirmed unanimously by the Senate, Kennedy occupied a pivotal seat on the Court that often functioned as a swing vote during closely divided decisions. After the death of Justice Antonin Scalia, he became the senior associate justice, and upon his retirement he was succeeded by former law clerk Brett Kavanaugh. Following the passing of Justice Sandra Day O’Connor in 2023, Kennedy holds the distinction of being the oldest living former Supreme Court justice.

Early life and legal career

Kennedy entered the world on July 23 1936 in Sacramento, California, into a Catholic family with Irish ancestry as well as Scottish, German, and English roots. His father, Anthony J. Kennedy (1902–1963), was an influential attorney who had earned a reputation within the California State Legislature, while his mother, Gladys McLeod (1904–1981), engaged actively in local civic affairs. Growing up in Sacramento, Kennedy attended C.K. McClatchy High School, where he distinguished himself as an honors student and graduated in 1954.

He pursued higher education at Stanford University, developing a keen interest in constitutional law during his undergraduate studies. A senior year spent at the London School of Economics broadened his perspective before he returned to Stanford, graduating Phi Beta Kappa with a Bachelor of Arts degree in political science in 1958. Kennedy continued his legal training at Harvard Law School, where he earned a Bachelor of Laws degree cum laude in 1961.

After law school, Kennedy entered private practice in San Francisco (1961–1963). In 1963, following the death of his father, he assumed control of the Sacramento-based legal firm that had been operated by his father. He maintained this practice until 1975, when he transitioned to the federal judiciary. Concurrently, from 1965 through 1988, Kennedy served as a professor of constitutional law at McGeorge School of Law, part of the University of the Pacific, contributing to academic discourse on legal theory and practice.

Kennedy’s public service extended beyond the courtroom and classroom. He served as a private first class in the California Army National Guard from 1961 to 1962 during the Cold War era. In the late 1970s and 1980s, he participated in several committees of the Judicial Conference of the United States: the Advisory Panel on Financial Disclosure Reports and Judicial Activities (later renamed the Advisory Committee on Codes of Conduct) from 1979 to 1987, and the Committee on Pacific Territories from 1979 to 1990, chairing the latter from 1982 until 1990. He also served on the board of the Federal Judicial Center between 1987 and 1988.

In addition to his legal and academic roles, Kennedy contributed to state policy by assisting California Governor Ronald Reagan in drafting a state tax proposal during Reagan’s governorship.

Supreme Court tenure

Kennedy’s judicial career advanced when President Gerald Ford nominated him on March 3 1975 to the United States Court of Appeals for the Ninth Circuit, filling the vacancy left by Charles Merton Merrill. The Senate confirmed his nomination unanimously on March 20, and he received his commission on March 24, 1975. He served on the Ninth Circuit until his elevation to the Supreme Court.

The path to the federal high court was marked by a series of events in 1987. President Ronald Reagan first nominated Robert Bork for the seat vacated by Justice Lewis F. Powell Jr., but Bork’s nomination was rejected by the Senate on October 23, 1987. A subsequent nominee withdrew after admitting to marijuana use, prompting a pause in further nominations until the 1988 presidential election. On November 11, 1987, Reagan nominated Kennedy for the same seat. The nomination underwent an extensive background investigation that found no impediments. Kennedy was confirmed by the Senate on February 3, 1988, and he was sworn into office on February 18, 1988.

Kennedy’s tenure on the Supreme Court spanned three decades, concluding with his retirement in 2018 during President Donald Trump’s first term. Following Justice Antonin Scalia’s death in February 2016, Kennedy assumed the role of senior associate justice due to his length of service. Upon retiring, he was succeeded by Brett Kavanaugh, who had previously served as one of Kennedy’s law clerks.

After Justice Sandra Day O’Connor’s passing in 2023, Kennedy became the oldest living former Supreme Court justice, a status that underscores the longevity and breadth of his judicial career.

Jurisprudence and legacy

Throughout his service on the Supreme Court, Kennedy authored majority opinions in several landmark cases that have shaped contemporary American jurisprudence. His writings include decisions addressing national security, campaign finance, and civil rights. Notable among these are Boumediene v. Bush, which addressed habeas corpus rights for detainees; Citizens United v. FEC, concerning the regulation of corporate political spending; Romer v. Evans, a case involving anti-discrimination legislation; Lawrence v. Texas, which struck down laws criminalizing consensual same‑sex conduct; United States v. Windsor, which addressed federal recognition of same‑sex marriages; and Obergefell v. Hodges, which established the constitutional right to marry for same‑sex couples.

Kennedy also played a central role in shaping reproductive rights jurisprudence by co-authoring the controlling opinion in Planned Parenthood v. Casey alongside Justices Sandra Day O’Connor and David Souter. This decision reaffirmed key aspects of Roe v. Wade while allowing for certain state regulations on abortion.

During the Roberts Court, Kennedy’s position as a frequent swing vote contributed to many 5–4 decisions. His willingness to cross party lines and evaluate cases on their merits rather than ideological alignment earned him recognition as an independent-minded jurist. The breadth of his opinions—from civil liberties to economic regulation—reflects a judicial philosophy that balances respect for precedent with consideration of evolving societal values.

Kennedy’s legacy is characterized by a commitment to constitutional interpretation that often emphasized individual rights and the protection of minority interests. His extensive body of work continues to influence legal scholars, practitioners, and future generations of judges.