This discussion guide is for use with the video “The Nature of Judicial Independence,” which features remarks and conversation with Justice Anthony Kennedy, the Hon. Stephanos Bibas, U.S. Court of Appeals for the Third Circuit, and David F. Levi, former dean of Duke University School of Law, on October 26, 2019, at the University of Pennsylvania Law School.
After Justice Anthony Kennedy retired in 2018, President Donald Trump was given his second appointment to the U.S. Supreme Court. This opening was widely seen as giving the president the chance to dramatically shift the balance of the U.S. Supreme Court to a more solid, conservative majority, even more so than the vacancy created by the death of Justice Antonin Scalia. Unlike Scalia, who was generally a reliable conservative vote, Kennedy had emerged as the “swing justice.” Indeed, Kennedy played a key role in some of the Supreme Court’s most recent controversial decisions, particularly those involving, among other matters, abortion, homosexuality, and prayer in public schools.





