Retired SCOTUS Justice Warns U.S. Democracy Faces Crisis from Hostile Discourse

Retired U.S. Supreme Court Justice Anthony Kennedy has issued a stark warning about the state of political discourse in the United States, stating that the current tone of debate threatens the nation’s role as a beacon of freedom and democracy. Speaking at a virtual forum, Kennedy called for greater protection for judges and their families, as tensions surrounding the judiciary continue to rise. The warning comes amid a significant increase in threats against judges, with several prominent cases linked to high-profile political figures like former President Donald Trump.

During the ‘Speak Up for Justice’ event, Kennedy emphasized that the global perception of U.S. democracy is being shaped by the nation’s internal political climate. He argued that the world looks to the United States to understand what democracy should be, and that a hostile, fractious discourse undermines this vision. Kennedy’s remarks, which did not directly mention former President Donald Trump, were widely seen as a response to ongoing political tensions that have led to increased hostility towards the judiciary, particularly in relation to Trump’s policies and actions.

Despite not naming Trump, Kennedy’s comments appeared to be informed by recent events, including Trump’s public attacks on judges who have ruled against him. This included the former president’s criticism of Judge James Boasberg for blocking his administration’s efforts to remove alleged gang members from the U.S. under the Alien Enemies Act. Similar rhetoric continued with Trump’s recent labeling of judges as ‘monsters who want our country to go to hell.’ Such statements have contributed to a troubling rise in threats against judges, with reports indicating that the number of recorded threats against the judiciary has reached historic levels in the U.S.

Other participants at the forum also criticized the rhetoric directed at the judiciary, with U.S. District Judge Esther Salas noting the spread of disinformation from the top down, with judges being characterized as ‘rogue’ and ‘corrupt.’ Salas, whose son was killed by a disgruntled lawyer who targeted her New Jersey home, warned of the dangers of such attacks and expressed concern over the growing threat to the judiciary. The increasing hostility towards the judiciary reflects broader concerns about the state of political discourse in the U.S. and its implications for democracy and the rule of law.