"The case for freedom (and) for our constitutional principles (and) for our heritage has to be made anew in each generation. The work of freedom is never done."
Biographical Details
Photo: Mark Wilson / Getty Images.
70 years old. Graduated from Stanford University (1958) with transfer coursework from the London School of Economics, then from Harvard Law School (1961). Roman Catholic. Married childhood friend Mary Davis, with three adult children.
Career Background
1961-1963: Associate counsel at Thelen, Marrin, John & Bridges in San Francisco, California.
1963-1967: Independent attorney working in Sacramento, California.
1965-1988: Professor of Constitutional Law at the University of the Pacific.
1967-1975: Partner at Evans, Francis & Kennedy in Sacramento, California.
1975-1988: Associate Justice of the 9th Circuit Court of Appeals.
Nomination and Approval
When Associate Justice Lewis Powell retired in June 1987, President Ronald Reagan had some difficulty in getting a replacement confirmed by the Senate. First he nominated the extremely conservative Robert Bork, who was rejected (or, as we call it today, "Borked") 42-58 by the newly Democratic Senate. Reagan next nominated Douglas Ginsburg, who was forced to step down after revelations of marijuana use. Reagan's third choice was Kennedy, nominated that November, who was unanimously (97-0) confirmed by the Senate.
Landmark Cases
Planned Parenthood v. Casey (1992): Shocked observers by joining a 5-4 majority upholding the Roe v. Wade (1973) precedent, protecting the right to privacy. With the resignation of anti-Roe Justice Byron White in 1993, and his replacement by pro-Roe Justice Ruth Bader Ginsburg, the majority expanded to 6-3. The 2005 retirement of pro-Roe Justice Sandra Day O'Connor may have narrowed the majority to 5-4 once again.
Grutter v. Bollinger (2003): Dissented from a 5-4 majority that upheld the University of Michigan's affirmative action policies.
Lawrence v. Texas (2003): Wrote for a 6-3 majority striking down sodomy laws as unconstitutional.
Roper v. Simmons (2005): Wrote for a 5-4 majority opinion prohibiting the execution of juveniles.
