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The genre of Supreme Court justice memoirs, often authored by justices themselves, has been regarded as financially rewarding but lacking in illuminating insights. This is evident in works like Justice Neil Gorsuch’s “A Republic, If You Can Keep It”, which asserts the principles of originalism, and Justice Amy Coney Barrett’s “Listening to the Law”, which echoes fundamental civics lessons. However, Justice Anthony Kennedy’s memoir, “Life, Law & Liberty”, distinguishes itself by providing a genuine look into the person behind the robe.
Published last fall, Kennedy’s memoir reveals his deep love for literature and includes numerous literary references. For instance, he quotes Willa Cather and Wallace Stegner to assert his belief in the transformative power of the Western landscape and its native optimism. This literary lens enriches his portrayal of Sacramento, his hometown, as he draws connections between its geographical features and its cultural dynamics.
In an introspective reflection on his early career, Kennedy references James Gould Cozzens’ “The Just and the Unjust,” capturing the nuances of practicing law in a close-knit community. His writing during this period is marked by thoughtfulness, elegance, and an acknowledgment of the “old-boy network” that inevitably aided his progress.
However, an intriguing dichotomy exists between Kennedy’s literary finesse in his memoir and the critiques of his judicial prose. His opinions, often criticized for being grandiose, drew attention for their sweeping language. This was particularly evident in the Casey decision and further in Lawrence v. Texas. His writing in these decisions was noted for its encompassing rhetoric on liberty, a feature mocked by Justice Scalia and others for lacking precision.
This dichotomy is perhaps best illustrated by Kennedy’s role in transforming judicial concepts into law. His prose aimed to project authority and inspiration, capturing values of optimism, patriotism, and confidence in the judiciary. Yet, the personal tone of his memoir starkly contrasts this judicial voice, being much more relatable and precise. Eric Berger noted in 2019 that Kennedy was “the most inscrutable of justices,” while others like Michael Dorf acknowledged his sometimes “pompous” judicial opinions.
A key observation is that Kennedy’s judicial voice, emboldened by his unique rhetorical style, might have benefited from the same literary clarity displayed in his memoir. In attempting to seize the “majesty of the law,” Kennedy may have overshadowed the potential of simpler, more humanizing legal arguments, reminiscent of Chief Justice Earl Warren’s approach in Brown v. Board of Education. This raises questions about the potential for literature to inform legal writing, making the law more accessible without sacrificing its gravity.
For further exploration of Justice Kennedy’s writing style and insights into his memoir, the full article can be accessed here.
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