Justice Anthony Kennedy Will Retire

July 2, 2018 at 5:15 am Leave a comment

Anthony Kennedy

In what was one of the biggest stories of this past week, after 30 years on the bench of the Supreme Court, Justice Anthony Kennedy announced his retirement last Wednesday, effective July 31. Justice Kennedy’s tenure as a Supreme Court justice was fraught with anticipation and tension when various landmark cases were being decided, with many referring to Kennedy as the court’s “swing vote.” He voted with the more conservative branch of the court on issues such as gun control and campaign financing while siding with the more progressive branch on issues like same-sex marriage, abortion, and the death penalty.

Not surprisingly, the announcement of Justice Kennedy’s retirement has set off a flurry of political activity, with conservatives delighted that President Trump appears poised to deliver another proponent of originalist jurisprudence to the nation’s highest court while those on the liberal flank of the political divide worry about what such a justice could mean not only for the current progressive agenda, but for some of the most consequential Supreme Court decisions of the past half-century.

The fiery debate that is unfolding is a timely reminder for Christians that good judgment really does matter. Over the past few decades, it has become fashionable to decry nearly any sort of judgment as self-righteous judgmentalism, and to respond to those who call for keen legal, moral, ethical, or theological discernment with a cry for tolerance and relativism – living and letting others live. This is why an artist like Chris Brown can sing a song like “Don’t Judge Me,” where he asks his girlfriend to forgive his indiscretions. This is why Justice Kennedy himself could write, in a 1992 majority opinion on Planned Parenthood v. Casey in support of abortion:

At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State.

This is a judgment that refuses to make a judgment on something as basic and fundamental as what constitutes life. In this way, it is relativistic in the extreme. Of course, by not making a judgment on what constitutes life, Justice Kennedy makes a de facto judgment: either there is no human life in the womb, or there is no human life in the womb worth protecting. Either one is a judgment that carries with it massive life-and-death implications.

A moment like Justice Kennedy’s retirement reveals that an unmoored relativism and an absolutist tolerance ultimately cannot stand. Society needs and wants good judgment. After all, judgment, both legal and personal, decides how money is spent, how people are treated, what relationships are desirable and permissible, and, as Planned Parenthood v. Casey demonstrates, even which lives endure. The Supreme Court is called upon to render judgments on disputed issues according to the U.S. Constitution. As Christians, we are called, first and foremost, to judge our own lives according to the law of the Lord and then, second, to lovingly and compassionately call others to appreciate the beauty, the value, and the wisdom of this divine law.

Our society is in desperate need of good judgment. Sadly, we live in a time rife with poor judgment where standards, especially in the realm of politics, shift for the sake of expediency and, as the fight over a new nominee for the Supreme Court will surely reveal, power. But, as Jesus warns, “In the same way you judge others, you will be judged, and with the measure you use, it will be measured to you” (Matthew 7:2). We will not be able to elide consistent standards of judgment forever in order to suit our own fleeting fancies. Our standards and principles may slide and glide around today’s political ice rink, but God’s standards will outlast our shifts and will, ultimately, judge our shifts. Perhaps we would do well to consider His standards when making our judgments.