Kennedy should come clean to preserve a shred of his dignity


The story of Anthony Kennedy’s son is probably the biggest new story of the decade.  I won’t go into it because there are great diaries and new stories available. I won’t link the Haberman who broke the story for reasons that will become apparent.

Look at the timeline. Anthony Kennedy goes in on some incredibly conservative opinions. He resigns from the Supreme Court (I have talked to some legal scholars who knew him during the Obama administration and they were convinced he would die on the court. He loved being a Supreme Court justice more than anybody). The next day the Trump whisperer, Maggie Haberman drops a breathtaking story. I have not seen this type of deep investigative reporting from her.  She usually publishes stuff she is fed. I don’t blame her. It is the story of the young century (I am not saying Haberman was involved, just a reliable outlet who would hold the story until the right time).

The Republicans wanted Kennedy gone. I am convinced they dropped the story to Haberman and then used to to push Kennedy out. It is a judicial assassination by other means.  There was no way Kennedy could stay on the bench with this story out. He would retire in shame.  He was hoping to avoid at least some of the blowback. They may have even promised him they would keep a lid on the story.

There is no way for Kennedy to recover from this. He will go down as perhaps the dirtiest judge of the last century, whether deserved or not. There is no way to claw something like this back. If he wants to save a scintilla of a legacy the best thing for him to do is try and save the Republic with what actually happened. Of course that might mean putting his son in jail.  An ugly, Hobbesian choice. Save the Republic or save his son. Perhaps he will take the coward’s way out.

Oh Mr. Kennedy (Justice no longer) what your arrogance has wrought.