Retired Supreme Court Justice Anthony Kennedy on Thursday advocated for a more civil American discourse modeled after judges at a legal forum established to defend the judiciary against attacks.
“We should be concerned in this country about the tone of our political discourse,” Kennedy said during a virtual event held by the nonpartisan group Speak Up for Justice.
The retired justice suggested that identity politics, or characterizing a person by their partisan affiliation, is not conducive to democracy and civil discourse. Treating others with decency and respecting their dignity is, he said.
“This is what judges do, and this is why judges are of central importance,” Kennedy added.
The virtual event marked a rare public appearance for the former justice, who retired from the bench in 2018.
His remarks come as the courts have faced a barrage of attacks from President Trump and his supporters, as his sweeping second-term agenda is delayed by legal challenges.
Though Kennedy did not directly mention Trump, he focused on America’s fragile perception as a role model for other countries, particularly as conflict has roiled the Middle East.
“If they see a hostile fractious discourse, if they see a discourse that uses identity politics rather than to talk about issues, democracy is at risk; freedom is at risk,” Kennedy said.
The former justice also briefly touched on threats against judges, which have drastically risen since Trump returned to the White House.
The New York Times reported in May that 162 judges received threats in the six weeks after March 1, coinciding with harsh rhetoric criticizing judges who have ruled against the administration. In the five months prior, only 80 judges had received threats, the Times found.
Kennedy said that “another way” judges can protect themselves is by “showing they are engaged day in and day out of resolving disputes in a civil, decent way.”
But ultimately, all Americans’ goal should be to “preserve freedom and enhance freedom” for generations to come, he said.
“We must always say no to tyranny and yes to truth,” the retired justice added.
