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Why is it important that Justice Kennedy regularly referenced a book?

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Final answer:

Justice Kennedy's references to books highlight the use of respected legal literature to support the historical and philosophical context of his judicial decisions, maintaining the integrity of a robust judiciary and the principle of a living Constitution.

Step-by-step explanation:

It is important that Justice Kennedy regularly referenced a book because doing so reinforces his opinions with authoritative sources and academic perspectives. Relying on respected legal literature, such as writings by Sandra Day O'Connor or William Rehnquist, provides a historical and philosophical context to his judicial decisions. This practice helps to articulate the reasoning behind rulings, ensuring they are grounded in robust judiciary thought and not merely reflective of transient political trends.

When a Supreme Court justice refers to notable legal texts, they demonstrate due diligence in considering the legal precedence and theory behind their opinions. This is integral for cases where constitutional interpretation is pivotal, such as those involving the principle of equal justice or the concept of a living Constitution. By grounding decisions in scholarly works, justices aim to bolster the legitimacy and acceptance of their rulings.

Moreover, referencing books emphasizes the judicial philosophy that justices follow, whether it's the belief in a living Constitution, as William Brennan advocated, or the importance of a judge's impartiality, as demonstrated by cases like that of Justice Kavanaugh. Such references serve to remind the public that the Court's decisions are carefully considered within a broad spectrum of judicial thought and are not made in isolation or with a purely partisan objective.

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