Good Law | Bad Law #88 - What is Justice Anthony Kennedy’s Legacy? w/ Joyce Malcolm

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by, Professor Joyce Malcolm, the Patrick Henry Professor of Constitutional Law at the Antonin Scalia School of Law at George Mason University, to discuss Justice Anthony Kennedy’s legacy and impact on the Supreme Court.


Joyce is a historian and constitutional scholar who focuses on the development of individual rights in Great Britain and America. She’s written books and articles about gun control, the Second Amendment, and individual rights and her work was cited in the landmark 2008 Supreme Court case, Heller v. D.C., which recognized the Second Amendment’s protection of an individual’s right to bear arms.  With Justice Kennedy’s retirement, we thought it was fitting to look back at his career and the impact he’s had on the country and the Supreme Court.


On today’s episode Joyce and Aaron talk about the controversial nomination of Robert Bork, whose confirmation got blocked in the mid-1980s and ultimately lead to Justice Kennedy getting nominated and unanimously confirmed.  Joyce also talks about the role Justice Kennedy has played as the Court’s “swing vote.”


During Justice Kennedy’s 30-year career on the Supreme Court, he’s had the opportunity to rule on some of the Supreme Court’s most ground-breaking and influential cases, laying the ground work for LGBT rights, women’s rights, and Second Amendment rights. You can find Justice Kennedy’s opinions on some of those cases linked below.


Lawrence v. Texas

Heller v. District of Columbia

Planned Parenthood v. Casey

Citizens United v. Federal Election Commission

Boy Scouts of America v. Dale

Obergefell v. Hodges


Finally, Joyce shares her assessment of where the Supreme Court is headed over the next few years. She talks about some of the cases she sees coming up through the system and what issues the Supreme Court is likely to take on with the potential confirmation of Brett Kavanaugh to fill Justice Kennedy’s seat.


Click here to learn more about Professor Malcolm.


Host: Aaron Freiwald

Guest: Joyce Malcolm


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