IN TRIBUTE: JUSTICE ANTHONY M. KENNEDY

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From: Harvard Law Review(Vol. 132, Issue 1)
Publisher: Harvard Law Review Association
Document Type: Testimonial
Length: 10,982 words
Lexile Measure: 1490L

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The editors of the Harvard Law Review respectfully dedicate this issue to Justice Anthony M. Kennedy.

Chief Justice John G. Roberts, Jr. *

This past summer, after three decades on the Supreme Court, and more than four as a federal judge, Anthony M. Kennedy decided to take a well-earned retirement. I will deeply miss his contributions to the Supreme Court's daily work. He brought to the Court a special combination of legal acumen, collegiality, and kindness. He leaves behind an imposing body of judicial opinions to guide our future deliberations. Judges, lawyers, and scholars who study those writings will discern behind the words an individual of integrity, insight, and decency.

Justice Kennedy also left some clues about the influences that shaped his perspective on life and law. It is no secret that he is devoted to his beloved wife, Mary; his three children, Justin, Gregory, and Kristin; and his entire extended family. Some years ago, he created a very personal list of suggested readings on liberty for his grandchildren. The Library of the United States Court of Appeals for the Ninth Circuit

convinced the Justice to make a version of the list available in connection with his civics education initiatives. I have appended the catalogue, which is captioned "Understanding Freedom's Heritage: How to Keep and Defend Liberty." (1) The list includes books, speeches, documents, judicial opinions, plays, poetry, movies, and songs. Thought provoking for readers of any age, Justice Kennedy's curated collection adds an additional dimension to the portrait of an extraordinary judge.

The list begins with a journey back to the Greeks to probe the relationship between the individual and the state. The readings--drawn from Sophocles's Antigone, Pericles's Funeral Oration, and Plato's Republic--share the common theme that liberty is not merely freedom from restraint, but requires the exercise of both individual conscience and public responsibility. That theme is reflected in Justice Kennedy's own tireless devotion to public service throughout his professional life and his abiding commitment to civics education.

The basic charters of our liberty are on the list, from Magna Carta's promise of due process, to the bold assertion in the Declaration of Independence that governments are instituted to preserve liberty, to the Constitution's plan to do just that. Alexander Hamilton's Federalist No. 1 is included, with its discussion of the Constitution's effort to create a government strong enough to protect freedom, but not so strong as to threaten it.

The collection contains courageous demands for freedom that changed the world: Patrick Henry's Give Me Liberty or Give Me Death; Emmeline Pankhurst's Freedom or Death; Sojourner Truth's Ain't I a Woman?; and Martin Luther King, Jr.'s I Have a Dream. There are many entries recounting the sacrifices throughout history that were necessary to secure liberty: President Lincoln's Gettysburg Address, as well as his Second Inaugural; John McCrae's "In Flanders Fields"; Winston Churchill's vow to fight from the beaches to the hills; and President Franklin D. Roosevelt's marking of the day that indeed lives in infamy.

But Justice Kennedy's...

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