“Justice Kennedy, Off the Bench but Still Rendering Opinions” (Including a New Revelation About Bush v. Gore)

Adam Liptak interviews Justice Kennedy:

As a justice, he leaned mostly right, siding with the court’s conservatives to strike down campaign finance laws, to gut the Voting Rights Act and to expand the scope of the Second Amendment. But he joined the court’s liberals in cases on abortionaffirmative action and the death penalty.

Justice Kennedy also turned out to be the greatest judicial champion of gay rights in the nation’s history, the author of the majority opinions in four of the court’s landmark gay rights rulings, culminating in the 2015 decision establishing a constitutional right to same-sex marriage….

In his book, Justice Kennedy disclosed that Chief Justice William H. Rehnquist had assigned him the majority opinion in Bush v. Gore, the 2000 decision that delivered the presidency to President George W. Bush. It was “a close case” and “a close call,” he wrote, and he concluded that the majority opinion should be unsigned, which it was.

The court issued its decision, by a 5-to-4 vote on the key issue, the day after the case was argued. Justice Kennedy said that sort of quick action, like the court’s recent spate of emergency rulings, was not ideal.

“The court just has to do the best that it can,” he said. “But it does need time.”…

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