Today : Oct 10, 2025
Politics
24 September 2025

Supreme Court Faces Pivotal Cases As Kennedy Memoir Reveals Court’s Inner Struggles

With major rulings ahead on elections, agency power, and civil rights, the Supreme Court’s past and present divisions come into focus through Justice Kennedy’s forthcoming memoir and the court’s current docket.

As the U.S. Supreme Court prepares for its upcoming term, the spotlight is not only on the cases that could reshape American law, but also on the justices themselves—past and present—whose decisions and reflections continue to influence the nation’s legal landscape. With Justice Samuel Alito meeting the pope in Rome and Justice Ketanji Brown Jackson promoting her memoir in London, the court’s reach and relevance are as global as ever. Meanwhile, the memoir of retired Justice Anthony Kennedy, set for release on October 14, 2025, offers rare insight into the inner workings and personal struggles at the heart of the court’s most contentious rulings.

According to SCOTUSblog, the White House is riding high after a remarkable string of victories at the Supreme Court. Since Donald Trump took office, the administration has won 18 times before the justices, including a current streak of 15 consecutive wins. "They’re ecstatic," a source close to the White House told NBC News, though officials are careful not to "overplay their hand at the court." These victories have not gone unnoticed, especially as the court prepares to hear cases that could have sweeping effects on the 2026 midterm elections. As The Washington Examiner points out, cases involving the Voting Rights Act, campaign-finance regulations, and the ability of federal candidates to challenge state election rules are all on the docket, and their outcomes could shape the political landscape for years to come.

But the court’s influence extends beyond politics. The 1964 decision in New York Times v. Sullivan remains a bedrock of press freedom, setting a high bar for public officials seeking to win defamation suits. This precedent is once again in the spotlight, as former President Trump pursues a libel and defamation lawsuit against The New York Times and others. As The Conversation notes, the ruling "provided the press in the US with one of the most protected spaces in the world in which to operate," requiring proof that false information was published with "knowledge that it was false or with reckless disregard of whether it was false or not."

The court is also set to consider the fate of Trump-era tariffs, with Illinois toymaker Learning Resources leading the charge. As reported by the Chicago Tribune, CEO Rick Woldenberg described the tough choices his company has faced: raising toy prices by about 5%, halting new hires, and cutting back on planned investments. "The (employees in the) community that we live in, and millions of children have their educational trajectory affected by what we do," Woldenberg explained. "It’s a big source of motivation to fight the threat from tariffs." The Supreme Court’s decision could have far-reaching consequences for American businesses and consumers alike.

Inside the marble halls of the court, the role of Chief Justice John Roberts looms large. As SCOTUSblog explains, Roberts is "first among equals," overseeing private deliberations, chairing the Judicial Conference of the United States, and issuing annual reports on the state of the federal judiciary. His responsibilities include presiding over Senate impeachment trials of the president—a duty that is mostly ceremonial, as the Senate retains ultimate authority. Roberts also appoints judges to specialized bodies, such as the Foreign Intelligence Surveillance Court, and manages the court’s administrative operations. Last year, his annual report focused on defending the judiciary’s independence, a theme that resonates as the court faces mounting public scrutiny.

Meanwhile, the Supreme Court is preparing to hear oral arguments in December on President Trump’s authority to fire Federal Trade Commission Commissioner Rebecca Slaughter and, more broadly, the president’s power over federal agencies. As Amy Howe reports for SCOTUSblog, the case could "dramatically upend Supreme Court precedent and give the executive branch much greater authority over federal agencies." The court’s decision to clear the way for Trump to fire Slaughter signals a potential shift in the balance of power between the branches of government.

The justices are also grappling with issues of civil liberties and law enforcement. The upcoming case of Mumford v. Iowa centers on whether a drug-detection dog’s sniff into an open car window violates the Fourth Amendment. This marks at least the fourth time since 2004 that the court has considered the role of police dogs in searches, reflecting ongoing debates about privacy and police powers.

Amid these high-stakes legal battles, the court’s composition and its approach to precedent remain hot topics. A petition to reconsider the 2015 decision legalizing same-sex marriage is attracting attention, with law professor Kimberly Wehle writing in Politico that the presence of Chief Justice Roberts and Justices Alito and Thomas—three of the original dissenters—means the petition "should still be taken seriously." If just one more conservative justice votes to accept the case, "the whole issue is reopened for debate."

It’s against this backdrop that Justice Kennedy’s memoir, Life, Law and Liberty, offers a deeply personal perspective. Kennedy, who served as the court’s ideological center from 1988 until his retirement in 2018, was often the swing vote on landmark cases involving abortion, affirmative action, gay rights, and capital punishment. He expressed surprise and disappointment at the "vehemence of the opposition" to gay marriage among his colleagues, particularly Justice Antonin Scalia, whose dissent in the 2015 same-sex marriage case was both personal and biting. "Scalia’s attack weakened his opinion, enabling me to shrug it off," Kennedy wrote, though he admitted his family was "devastated by the tone of the dissent."

Kennedy’s memoir also reveals his internal struggle over abortion. A devout Catholic with lifelong anti-abortion views, he considered resigning rather than rule in favor of abortion rights. "Because of my ever-constant belief that life must be protected from the moment of conception, I struggled with the idea that the Constitution should allow some choice to end a pregnancy," he wrote. Ultimately, Kennedy decided to remain on the court, reasoning that stepping down might allow a successor "less concerned about protecting the unborn" to take his place. He helped craft the 1992 plurality opinion in Planned Parenthood v. Casey, which upheld abortion rights with some state restrictions—a decision he told his daughter "didn’t match his personal beliefs, but he had to honor the rule of law."

Kennedy’s retirement in 2018 paved the way for a solidly conservative majority, leading to the 2022 overturning of both Roe v. Wade and Planned Parenthood v. Casey. While Kennedy does not reveal his thoughts on the majority opinion that overturned these precedents, he does reflect on his own evolution regarding the death penalty for juveniles. Sixteen years after upholding it, he wrote the 2005 majority opinion banning the execution of minors, citing "evolving standards of decency" and international consensus.

Throughout his career, Kennedy emphasized that judges must "be willing to consider principles and approaches that may offer new insights over the passage of time." He acknowledged the tension between gay rights and religious beliefs, striving in his 2015 opinion on same-sex marriage to elevate the meaning of marriage rather than simply tolerating same-sex unions. Kennedy took pride in the fact that his opinion "passed the refrigerator test," as Americans taped passages to their refrigerator doors and read them at weddings.

In a poignant postscript, Kennedy describes reconciling with Scalia before his colleague’s death in 2016. "He apologized for being intemperate," Kennedy recalled. "We both smiled, and the matter was resolved." Their relationship, marked by both fierce disagreement and deep respect, encapsulates the enduring complexity—and humanity—of the nation’s highest court.

As the Supreme Court heads into a consequential term, the echoes of past decisions and the reflections of its justices remind Americans that the law is not just a set of rules, but a living conversation about the nation’s values, struggles, and hopes for the future.