The Rhetoric of Judging Well

Known as the swing justice, Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedys legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedys opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justices rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spotsespecially on race, womens rights, and immigrationbut also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedys jurisprudence, this book provides new insight into Kennedys legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick ORourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.