By Vince Cogan
Staff Writer of The Advocate
On October 18, Santa Clara Law School hosted Supreme Court Associate Justice Anthony Kennedy for a stimulating day-long visit. On his third visit to Santa Clara, Justice Kennedy showed himself a personable academic and a romantic jurist with more than just a respect, but a genuine love for the Constitution. Throughout the day he inspired all who heard him to "Connect with the Constitution" and democracy.
In an article on FindLaw.com, The Pivotal Role of Justice Anthony Kennedy: Why the Supreme Court’s Romantic May Only Become More Influential Over Time (2003), Edward Lazarus referred to Kennedy as a "romantic" because he "has a deep emotional belief in the centrality of the Court’s role as guarantor of real life justice."
Kennedy began his day with a visit to Professor Lee Bollinger’s Constitutional Law class. He spoke casually without notes for over an hour to an intimate crowd of students. Kennedy’s lecture addressed the general role that the U.S. Constitution plays in balancing the powers of our government. Both his idyllic. views of the judiciary and his centrist approach moment came when he retold a story of a visit to Tower Records in San Francisco. After reading the name on his MasterCard, the checkout employee asked him if he was Justice Kennedy of the 9th Circuit. "Yes," replied Kennedy. "I’m Chadha!" replied the man – a Kenyan, who Kennedy had allowed to remain in the U.S. with his decision in Chadha v. INS, while serving on the 9th Circuit (later upheld by the U.S. Supreme Court in its landmark decision). Professor Bollinger commended him as a "charismatic and engaging speaker."
The afternoon delivered Kennedy to a packed Mayer Theatre for an hour-long discourse on the inner workings of the Supreme Court, followed by a question-and-answer session. Kennedy explained the process by which the Justices choose to grant Certiorari to some 100 of the 9,000 cases requested every session and when and how opinions, concurrences, and dissents are authored.
While he painted a picture of the court as an apolitical body where discussion is civil and tradition is valued, he said there are healthy debates between the Justices. "We need to adhere to our traditions, to the principles of the law, to the formality and the logic, and the decency and the history of the legal profession… to protect the integrity and character of our institution," said Kennedy.
When asked by Dean Compans, 2L, if there were any decisions made that he now regretted, the quick-witted Kennedy responded "I think the only decision I regret was calling on you for that question," leaving the crowd engulfed in laughter.
Later that evening, Justice Kennedy participated in a panel discussion moderated by Professor Gerald Uelmen on "The Role of Judges in Law Reform." The panel consisted of Kennedy, California Appellate Justice Patricia Bamattre-Manoukian, and attorneys Jim Towery and Tom Hogan.
While the majority of Santa Clara’s law school community happily welcomed Justice Kennedy’s visit, a others felt less reason celebrate.
One of Santa Clara’s resident gurus of civil rights law, Professor Edward Steinman, who has argued numerous times before the Supreme Court, was appalled with Justice Kennedy’s position in Bush v. Gore. Steinman exercised his first amendment rights and boycotted the visit, later explaining that "by their decision they selected the president… they have effectively turned this into a banana republic." "What the Supreme Court did in Bush v. Gore undermines our democracy," said Steinman, "I hope the decision will not stand." Momentarily putting aside his dissonance, Steinman acknowledged that "it is an honor for the school, but I can’t forgive them for their decision."
Echoing the majority of students interviewed, Dean Donald Polden stated, "I know that some people disagree with particular opinions he has authored or viewpoints he holds, but he is a thoughtful jurist and great ambassador of the U.S. Supreme Court."
Justice Kennedy’s visit marked an extraordinarily rare opportunity for Santa Clara students to visit with someone of such high stature. He offered a sapient, optimistic view of jurisprudence. He also pleaded with students to "Connect with the Constitution," furthering his perspective of it as a living document and part of what makes us American.
In some of his final words on the panel on legal reform, Justice Kennedy quoted Thomas Jefferson: "The foundation of a democracy is a `virtuous and enlightened citizenry.’" Those words from this member of our High Court hold even more weight for us now as we approach the November elections.
Justice Anthony M. Kennedy, a California native, received his B.A. from Stanford and the London School of Economics (1958) and his L.L.B. from Harvard Law School (1961). After practicing law from 1961-1975, serving as a law professor at McGeorge School of Law from 1965-1988, and serving as an Appellate Justice on the U.S. Ninth Circuit Court of Appeals from 1975-1988, he was appointed to the U.S. Supreme Court in 1988 by President Reagan.
