Consider This from NPR

Episode: Justice Anthony Kennedy's book is not boring
Date: October 13, 2025
Host: Andrew Limbaugh
Guest: Justice Anthony Kennedy
Reported by: Nina Totenberg

Episode Overview

This episode centers on former Supreme Court Justice Anthony Kennedy and his candid reflections on his life and career, sparked by the release of his new memoir, Life, Law and Liberty. NPR’s veteran Supreme Court correspondent Nina Totenberg interviews Kennedy, discussing pivotal court decisions, the growing threat of partisanship, the evolution of constitutional interpretation, and personal stories from Kennedy’s tenure, including his sometimes fraught relationships with other justices. The episode highlights how Kennedy’s moderate, often pivotal stance shaped modern American law and reveals rarely-shared glimpses into the institutional and personal dynamics at the top of the judiciary.

Key Discussion Points and Insights

1. Anecdotes from the Bench

• The Red Phone Incident
  • Kennedy recalls receiving persistent calls from an Ohio prison inmate who managed to get the direct emergency line to his chambers. Rather than being disturbed, Kennedy welcomed the feedback:
    • Justice Kennedy (00:21): "So I had the prisoner on the red phone telling me how well I was doing or how poorly I was doing... I said, well, no, leave it."
  • This story sets a tone of humility and accessibility unusual for a Supreme Court Justice.

2. Kennedy’s Judicial Legacy

• Pivotal Vote and Notable Opinions
  • Appointed by President Reagan, Kennedy often sided with the conservatives but was renowned as the “swing vote” on the Court, influencing landmark issues like free speech, abortion, and especially LGBTQ rights.
  • His authorship of the majority opinion in Obergefell v. Hodges (2015), legalizing same-sex marriage nationwide, stands out as a major legacy.
  • Quote Highlight (05:10):
    • Justice Kennedy, reading from his opinion:
      “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family... They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
  • Kennedy’s consideration for the real-world impact on children of gay parents helped influence his decision:
    • (06:06): "How many children? There were hundreds of thousands of children of gay parents this was eye opening for me, and it was very important."

3. Warnings on Partisanship and Civility

• Kennedy expresses grave concerns about the state of public and governmental discourse, even on the Supreme Court itself:
  • Justice Kennedy (04:17):
    "My concern is that the Court, in its own opinions, in the way we talk about those who disagree with us, has to moderate and become much more respectful."
  • He warns that:
    • (01:41 & 03:50): "Democracy is not guaranteed to survive."
    • (03:50): "'Reasoned, thoughtful, rational, respectful discourse has been replaced by antagonistic, confrontational conversation...'"

4. Approach to Constitutional Interpretation

• Kennedy distances himself from originalism, arguing the Constitution’s framers intended its principles to evolve:
  • (07:18):

    "The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of rights and the 14th amendment did not presume to know the extent of freedom in all of its dimensions. And so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning."

• He deliberately counters the prevailing trend among the current Court majority, composed largely of originalists—including his own former law clerks.

5. Personal Dynamics: The Kennedy-Scalia Rift and Reconciliation

• Kennedy and Justice Antonin Scalia’s relationship was severely strained by their positions in the same-sex marriage case, culminating in Scalia’s famously blistering dissent.
  • (08:44) Justice Kennedy recounts:

    "He said, the language used in my dissent was intemperate and wrong, and I want to apologize. And I said, nothing is more important to me than our own friendship. ... And we weren't hugging people, but we gave each other a hug."

  • Scalia died shortly after their reconciliation—a poignant reminder, as Kennedy writes, to renew friendships before it’s too late:
    • (09:14): “If friendships are slipping away, we must renew them soon, lest times not permit us to celebrate them for long.”

Notable Quotes & Memorable Moments

| Timestamp | Speaker & Quote | |-----------|---------------------------| | 00:21 | Justice Kennedy: “So I had the prisoner on the red phone telling me how well I was doing or how poorly I was doing, and the police heard about it. They immediately wanted to change it. I said, well, no, leave it.” | | 01:41 | Justice Kennedy: “Democracy is not guaranteed to survive.” | | 03:50 | Justice Kennedy: “Reasoned, thoughtful, rational, respectful discourse has been replaced by antagonistic, confrontational conversation. And I'm very worried about it. Democracy is not guaranteed to survive.” | | 04:17 | Justice Kennedy: “My concern is that the Court, in its own opinions, in the way we talk about those who disagree with us, has to moderate and become much more respectful.” | | 05:10 | Justice Kennedy (reading from Obergefell opinion): “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family... They ask for equal dignity in the eyes of the law. The Constitution grants them that right.” | | 06:06 | Justice Kennedy: “There were hundreds of thousands of children of gay parents this was eye opening for me, and it was very important.” | | 07:18 | Justice Kennedy: “The nature of injustice is that we may not always see it in our own times. ... They entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.” | | 08:44 | Justice Kennedy: “He said, the language used in my dissent was intemperate and wrong, and I want to apologize. And I said, nothing is more important to me than our own friendship. ... And we weren't hugging people, but we gave each other a hug.” | | 09:14 | Justice Kennedy (on Scalia): “If friendships are slipping away, we must renew them soon, lest times not permit us to celebrate them for long.” |

Important Segments & Timestamps

• 00:00-00:34 – The story of the red phone and Kennedy's approachability
• 00:53-01:41 – Kennedy’s pivotal votes and enduring influence
• 03:26-04:11 – Kennedy shares concerns about erosion of civility and partisanship on the Court
• 05:10-06:20 – Excerpt from Obergefell v. Hodges and Kennedy’s reasoning
• 07:18-07:44 – Kennedy’s critique of originalism and evolving liberty
• 08:44-09:14 – Reconciliation with Justice Scalia and the importance of friendship
• 09:14-09:32 – Reflections on loss and legacy

Tone and Style

The episode is reflective, thoughtful, and occasionally poignant, matching Kennedy’s measured, introspective manner. Totenberg’s reporting combines clarity, historical context, and personal insight, while Kennedy’s own words offer humility, wisdom, and a plea for renewed civility—both in the judiciary and American society at large.

Summary Prepared For: Listeners interested in the Supreme Court, civic discourse, and American legal history; those curious about behind-the-scenes court dynamics; and anyone seeking insights into the personal and professional life of a pivotal justice during transformative years.