Former Supreme Court Justice warns that US political discourse threatens freedom and democracy
U.S.: Former Supreme Court Justice Anthony Kennedy said that the present animosity in American politics threatens freedom and democracy amid a surge in threats against judges.
Current and past Supreme Court justices have issued serious concerns about the stability of the nation’s judicial institutions in response to President Donald Trump’s rhetoric, which includes demands on social media for the impeachment of judges who have ruled against his policies.
The independence of the court, an institution seen as crucial to safeguarding American democracy, has been threatened by these assaults, which have included calling judges “troublemakers” and “monsters” in public postings.
In a rare comment, Republican appointee John Roberts, the current Chief Justice of the Supreme Court, also alluded to the public assaults on judges, stating, “It has been established for more than two centuries that impeachment is not a proper reaction to disagreement with a judicial judgment. For that reason, the standard appellate review procedure is in place.
Kennedy said, “We should be concerned in this country about, as I’ve already indicated, the tone of our political discourse,” in a virtual conference with other justices from across the globe on Thursday for the event “Speak Up for Justice,” according to Reuters.
“Identity politics are used so that a person is characterized by his or her partisan affiliation,” the Ronald Reagan appointee said. Democracy and polite conversation are not about that.
According to Kennedy, the rest of the world seemed to be watching American affairs “to see what democracy ought to be.”
“And 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,” the retired judge said. “Freedom is at risk.”
The ideal time to safeguard judges and their families, he added, is “when the public and our nation realize how central they are to our discourse.”
U.S. District Judge James E. Boasberg, whom Trump has called a “troublemaker and agitator” and called for his impeachment after the judge barred the use of the Alien Enemies Act for deportation flights, is among the judges he has harshly criticized for ruling against his administration’s core policies.
During the same virtual event, U.S. District Judge Esther Salas, whose family was the subject of a deadly assault in 2020, said that the U.S. Marshals Service has received more than 400 threats against federal judges this year, according to Politico. Salas blamed the increase on aggressive words and misinformation “from the top down.”
Regarding threats against judges, Supreme Court Justice Ketanji Brown Jackson said in May that “the threats and harassment are attacks on our democracy, on our system of government.” In the end, they run the danger of weakening the rule of law and our Constitution.”
“We cannot allow a handful of communist radical left judges to obstruct the enforcement of our laws and assume the duties that belong solely to the president of the United States,” Trump said in part during his address in Michigan on his 100th day in office. It’s not good that judges are attempting to take away the president’s authority to protect our nation.
When asked if Kennedy’s remarks were a jab at Trump, former Palm Beach County State Attorney Dave Aronberg told Newsweek, “It’s clearly a poke at the President, especially because Justice Kennedy’s exit from the Court allowed Trump to shift it to the right with the appointment of Justice [Brett] Kavanaugh.”
As the Supreme Court nears the end of its current term, court reactions and political discussion are anticipated to get more heated as law enforcement continues to follow threats. According to Reuters, Kennedy did not specifically reference Trump during the occasion.