Justice Kennedy Warns: "Turning Point in History".

[kpete]

Justice Kennedy warns ABA of 'slight foreboding'

RAW STORY
Published: Wednesday August 9, 2006


Justice Anthony M. Kennedy, the third most senior judge on the Supreme Court who has often been its swing vote, addressed the state of the rule of law in America and globally on August 5, 2006. His remarks came during the keynote address at the ABA's Annual meeting in Honolulu, Hawaii.

"We are at another turning point in the history of the law," Kennedy remarked. Discussing the importance of an independent judiciary, Kennedy added, "I sense a slight foreboding, I sense that we are not making the case as well as we ought."

Kennedy's comments were also global, and he feared that the American legal institution was not making the case for freedoms globally as well as it needs to. He closed by noting that "The freedom of the next generation hangs in the balance."

An excerpted video of the remarks was provided by the ABA, and can be accessed below.

VIDEO: http://www.youtube.com/watch?v=9r50eu-Z1WA&eurl=http%3A%2F%2Fwww%2Erawstory%2Ecom%2Fnews%2F2006%2FJustice%5FKennedy%5Fwarns%5FABA%5Fof%5Fslight%5F0809%2Ehtml

http://www.rawstory.com/news/2006/Justice_Kennedy_warns_ABA_of_slight_0809.html

[Nikki Stone 1]

1. I wish these legal types could talk in plain English

I don't really understand what he is trying to say.

[Emit]

5. I'm relieved I'm not the only one that isn't quite following what he is

alluding to...just spit it out, judge, will ya?

But, maybe some enlightened DUers can elaborate on his comments.

[Emit]

6. Well, I am watching the video at the link

and that helps to put his comments into context:

http://www.rawstory.com/news/2006/Justice_Kennedy_warns_ABA_of_slight_0809.html

[Nikki Stone 1]

7. I have dialup and video is a nightmare

Could you give me background?

[Emit]

9. The narrator is saying it's a call to action

First off, Kennedy seems rather somber; very serious, pausing at moments; but not hyperbole. He hangs onto certain words with a tone of seriousness and intensity that solidifies his message:


Here's the gist of it paraphrased, some parts missing, but most of what was on the tape is here:

"... The Constitution gave us judges -- it's really remarkable that it did -- remember that attacks and complaints against judges were one of the indictments, one of the allegations in the Declaration of Independence. The Framers had been pushed around by judges -- and what did they (the Framers-Emit) do? They gave them (the judges-Emit) life tenure -- Why did they do that? Because they were confident that the process of reason -- the case by case method was the surest way to interpret the Constitution. The Framers knew that they were not prescient enough--not brazen enough -- to specify all the elements of justice. They knew this could become apparent only over time. They knew the purpose of the Constitution was to rise above the inequities and injustices that we cannot see. But now we are in an era where I sense something different happening....

The world is getting smaller -- Rule of law is essential...we hear a lot about security, but the best security is in the world of ideas -- and I sense a slight foreboding. I sense we are not making the case as well as we ought.

...(we need to?) Assess where we are -- there's a jury that's out, it's half the world, the jury is not in. The commitment to accept the idea of Western Democracy is not yet made and they're waiting for you to make the case...

(He goes on to talk about what the Rule of Law is...)

That it is binding on government and all its officials...

... Must respect the dignity and equality and human rights of every person --

People are entitled to have a voice in laws that govern them -- to help shape their own destiny...

Every person has right to know what laws are and enforce them without fear of retaliation or retribution.

We must find some way to link the Rule of Law with real progress of improving the condition of human kind.

For us law is a liberating force--it's a promise, a covenant. You can hope, dream, plan...

That's the meaning of law as Americans understand it.

You must make this case and that is because freedom -- your freedom, my freedom and freedom of the next generation -- hangs in the balance..."

[Nikki Stone 1]

12. Thanks

Appreciate it

[Name removed]

13. Deleted message

Message removed by moderator. Click here to review the message board rules.

[ananda]

16. So why did Kennedy vote to..

.. select Bush and not have the Florida votes counted?

He will always be part of Bush's team afaic.

[peacebaby3]

11. I'm pretty sure he means...

When he speaks of an independent judiciary...right now the right wing republicans are trying to limit the independence and powers (which is part of the founding "balance of powers") of the third branch of the government, the judiciary, they are trying to bully them and they are also using hot button (and stupid) labels such as "activist judges." All judges are activist in some capacity because we consider our constitution elastic or a living document and no document written over 200 years ago can cover current legal situations without being "interpreted" by judges which makes all of them activists. All of the bullshit that judges like Scalia claim as "strict constructionist" is ridiculous. Our "living" constitution is what makes our country so great. When Kennedy says we aren't doing a good enough job, I think he is speaking of the judiciary, the government, and the citizens are not doing a good enough job at protecting the third branch of government and its ability to act independently.

On the other issue of speaking on "global" terms...quite often the right says that the SCOTUS relies too much on "the world view" or "the global view" when it should only matter about here, in the country...i.e. the Roper v. Simmons SCOTUS decision last year was something Kennedy was viciously attacked about from the right wing because he said that changing standards of humanity and decency throughout the world warranted an end the the death penalty for minors. The right wing went after him brutally for "using the internet" (I shit you not) and for basing an opinion on a world view. I think he is also speaking out about how we are supposed to represent the greatest democracy (republic democracy) in the world, yet we are losing the supposed "battle of freedom" around the world.

I didn't have time to listen to the entire speech, but this is what I get from his remarks and I have to read opinions, including SCOTUS, a good bit, but I may be wrong.

[HockeyMom]

2. Plus, the mindset of

a "war" time President is above the law.

No matter what, we CANNOT let that happen.

[Initech]

3. It should be noted that all freedoms were lost on Jan. 20th, 2001.

This was when George Bush was sworn in after a 5 - 4 Supreme Court decision to "elect him".

[charlie]

4. Gee, Anthony

If you hadn't accepted Bush's petition for certiorari in 2000 and urged the other justices to do so as well, neither you nor us would be in this pickle. That's the "turning point" that got us here and you're the idiot who caused it.

[CrushTheDLC]

10. I believe Kennedy regrets that decision.

Probably will never admit that on the record, but I've suspected that was the case for a while with him and Sandra Day O'Connor as well. Both have voted against the other three members of the Felonious Florida Five on several key decisions up until the time Billy Rehnquist was re-assigned to Hell's bench, and O'Connor retired to "spend more time with her family."

[Iowa]

18. I think you are correct.

"I believe Kennedy regrets that decision. Probably will never admit that on the record..."

I agree. And his failure to speak out displays a certain cringing, wormy, weasel-like, equivocation that defines his character. He must dig very deep to do what's right, or to speak the unvarnished truth. Despite an occasional lucid moment, he'll never be a reliable source of justice.

[Reckon]

8. Justice Kennedy closed by noting that

"You must make this case, and that is because, freedom, your freedom, my freedom and the freedom of the next generation hangs in the balance."

You watch. Is Justice Kennedy close to tears when he says the above sentence?

I find his statement chilling!

K&R

[Rex]

14. So now that no sane lawyer will agree with you over Bush vs Gore

you want absolution? Ohhhh no asshole. You put in with Scalia, unless you want to really say something. Turning point...6 years of turning points. :eyes:

[Megahurtz]

15. Sounds like he's being vague and ambiguous.

:sarcasm:

[Reckon]

17. I think we better hope Kennedy is now on our side...

because he is all that stands between the neocons and the shredding of the Constitution.

[madmusic]

19. Justices are NOT supposed to be political.

That he is speaking out at all is very alarming. O'Connor gave a similar speech, but not until she retired and was free to.

Kennedy cannot speak bluntly so we have to read into it what he really means. And what he means is that the Executive branch is taking control of the government, from prosecutors to the president.