Known as the “swing justice,” Justice Anthony M. Kennedy
provided the key vote determining which way the Supreme Court would
decide on some of the most controversial cases in US history.
Though criticized for his unpredictable rulings, Kennedy also
gained a reputation for his opinion writing and, more so, for his
legal rhetoric. This book examines Justice Kennedy’s legacy
through the lenses of rhetoric, linguistics, and constitutional
law. Essays analyze Kennedy’s opinion writing in landmark cases
such as Romer v. Evans, Obergefell v. Hodges, and Planned
Parenthood v. Casey. Using the Justice’s rhetoric as an entry
point into his legal philosophy, this volume reveals Kennedy as a
justice with contradictions and blind spots—especially on race,
women’s rights, and immigration—but also as a man of empathy
deeply committed to American citizenship. A sophisticated
assessment of Justice Kennedy’s jurisprudence, this book provides
new insight into Kennedy’s legacy on the Court and into the role
that rhetoric plays in judging and in communicating judgment. In
addition to the editors, the contributors to this volume are
Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael
Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs,
Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree,
Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E.
Zietlow.
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