ACCESSING CLASSIFIED FILES
Decrypting documents...
Your connection is being monitored
Back to Individuals
medium risk
Anthony Kennedy
Supreme Court Swing Vote; Citizens United Author; Suspicious Retirement Timing
Associate Justice; U.S. Supreme Court (1988-2018); Reagan Appointee; Swing Vote
Overview
Anthony McLeod Kennedy served as an Associate Justice of the United States Supreme Court from 1988 to 2018; appointed by President Reagan after the Senate rejected Robert Bork. Kennedy became the court's pivotal swing vote for decades; authoring landmark opinions on both sides of the ideological divide. He wrote the majority opinions in Citizens United v. FEC (2010); which unleashed unlimited corporate spending in elections by ruling that political spending is protected free speech; Obergefell v. Hodges (2015); which legalized same-sex marriage nationwide; and Lawrence v. Texas (2003); which struck down sodomy laws. His retirement in June 2018 at age 81 raised significant questions about conflicts of interest. Kennedy's son Justin Kennedy was a senior managing director at Deutsche Bank; which had a long and controversial relationship with Donald Trump. Deutsche Bank loaned Trump over $2 billion when virtually no other bank would lend to him following his multiple bankruptcies. Justin Kennedy's division at Deutsche Bank was directly involved in some of these loans. Kennedy retired under circumstances that gave Trump the opportunity to appoint Brett Kavanaugh; Kennedy's former law clerk. The New York Times reported that Trump and Kennedy had discussed potential successors; specifically Kavanaugh; before Kennedy announced his retirement. Kennedy also authored the majority opinion in Shelby County v. Holder (2013); which gutted the Voting Rights Act by striking down the preclearance formula; leading to a wave of voter suppression laws in states with histories of racial discrimination. His Citizens United decision has been credited with fundamentally corrupting American democracy by allowing billionaires and corporations to spend unlimited sums influencing elections through Super PACs and dark money organizations.
Key Affiliations
Controversies & Concerns
Authored Citizens United v. FEC (2010); unleashing unlimited corporate and billionaire spending in elections; fundamentally corrupting American democratic process
Son Justin Kennedy was senior managing director at Deutsche Bank; which loaned Trump $2+ billion when no other bank would; creating conflict of interest questions around his retirement
Retired in June 2018 under circumstances that gave Trump the ability to appoint Brett Kavanaugh; Kennedy's own former law clerk; NYT reported they discussed Kavanaugh specifically before retirement announcement
Authored Shelby County v. Holder (2013) gutting the Voting Rights Act preclearance formula; leading to wave of voter suppression laws
Citizens United decision has been credited with enabling billions in dark money to flow into American elections through Super PACs and 501(c)(4) organizations
Deutsche Bank-Trump-Kennedy connection: Justin Kennedy's division at Deutsche Bank was involved in Trump loans; raising questions about whether the retirement was connected to Trump-Deutsche Bank relationship
Related Investigations (2)
Known Associates & Connections
Brett Kavanaugh
Former Kennedy law clerk who replaced him on the Supreme Court after Trump nomination
Sources & Documentation
3 documented sources from official records, investigations, and reports
Personal Information
- Born
- July 23; 1936
- Birthplace
- Sacramento; California; USA
Education
- •Stanford University; BA Political Science (1958)
- •London School of Economics (1957-1958)
- •Harvard Law School; JD (1961)
Key Timeline
July 23; 1936
Born in Sacramento; California
February 18; 1988
Confirmed as Supreme Court Associate Justice after Reagan's first two nominees (Bork and Ginsburg) failed
June 26; 2003
Authors Lawrence v. Texas striking down sodomy laws; landmark gay rights decision
January 21; 2010
Authors Citizens United v. FEC allowing unlimited corporate spending in elections
June 25; 2013
Authors Shelby County v. Holder gutting Voting Rights Act preclearance requirement
June 26; 2015
Authors Obergefell v. Hodges legalizing same-sex marriage nationwide
June 27; 2018
Announces retirement from Supreme Court; Trump nominates Brett Kavanaugh (Kennedy's former clerk) as replacement