Justice Kennedy Embraces Flip-Flops

A willingness to re-examine issues and change one’s opinion “is not a sign of weakness of your judicial philosophy,” said Supreme Court Justice Anthony Kennedy before a group of international lawyers last week. Rather, “It’s a sign of fidelity to your judicial oath.” Some noted Kennedy himself recently showed a willingness to change: in the spring, he cast a crucial vote to allow the University of Texas to consider race in admissions, after voting against racial preferences for nearly 30 years on the Court. He also voiced dismay at the erosion of civil discourse, which allowed for critical thinking. “I’m not talking just about the elections,” he said, though, “That’s a part of it.”