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Justice Anthony Kennedy Trivia Quiz

This quiz is about Justice Anthony Kennedy, a traditionally conservative juror who often finds himself as the swing vote in landmark cases.

A multiple-choice quiz by Joepetz. Estimated time: 5 mins.

Author
Joepetz

Time
5 mins

Type
Multiple Choice

Quiz #
376,212

Updated
Dec 03 21

# Qns
10

Difficulty
Average

Avg Score
7 / 10

Plays
254

One at a Time - Single Page - Timed Game

Question 1 of 10

1. Anthony Kennedy was born and raised in which state, where his parents were influential in state politics and where he met the governor, Earl Warren, a future Chief Justice of the U.S. Supreme Court? Hint

California

Florida

New York

Texas

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Question 2 of 10

2. What kind of experience did Anthony Kennedy have in the federal judiciary before being nominated to the Supreme Court? Hint

None whatsoever

Over a decade serving the Ninth Circuit Court of Appeals

Twenty years serving as a judge for the District Court of Southern California

Four years as U.S. Attorney General

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Question 3 of 10

3. Kennedy was nominated by President Ronald Reagan to replace Lewis Powell. Kennedy was not, however, Reagan's first choice for the seat. Which man, whom the Senate rejected, was the original replacement for Powell? Hint

William Rehnquist

Robert Bork

Samuel Alito

John Bolton

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Question 4 of 10

4. From his first term on the Supreme Court, Kennedy was often considered to be a swing vote. This position in the middle of the Court became even more prominent since which justice retired in 2006? Hint

Louis Brandeis

David Souter

Sandra Day O'Connor

John Paul Stevens

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Question 5 of 10

5. When the Supreme Court was not in session, Kennedy sometimes taught a course on American law in which European nation? Hint

Italy

United Kingdom

Austria

Russia

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Question 6 of 10

6. Kennedy wrote a concurring and dissenting opinion in County of Allegheny v. American Civil Liberties Union, which dealt with the constitutionality of a public display on government grounds of a nativity scene and a menorah. How did Kennedy rule on this issue? Hint

The menorah was constitutional, but the nativity was not

Both were unconstitutional

Both were constitutional

The nativity was constitutional, but the menorah was not

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Question 7 of 10

7. Justice Kennedy wrote the majority opinion in which controversial 2010 case that dealt with campaign spending and advertising? Hint

Roe v. Wade

Williams-Yulee v. The Florida Bar

Miranda v. Arizona

Citizens United v. FEC

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Question 8 of 10

8. Several sources, including "The Washington Post," have stated that Justice Kennedy hated being referred to as the swing vote.

True

False

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Question 9 of 10

9. Justice Kennedy has a mixed record on the death penalty, sometimes voting to uphold it use and sometimes striking it down. In which of the following circumstances or uses did Kennedy rule that the death penalty is constitutional? Hint

When used on the mentally ill

When used on someone who did not kill nor commit a crime against the states (treason)

When used on someone under the age of eighteen

When midazolam is used in the execution cocktail

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Question 10 of 10

10. Justice Kennedy sometimes considered to be icon in the gay rights community because, unlike other conservative judges, Kennedy has frequently sided with liberals on gay rights issues, authors the majority opinions, and often provided the necessary fifth vote in those cases. But in which of the following gay rights cases did Kennedy wind up in the minority? Hint

United States v. Windsor

Lawrence v. Texas

Obergefell v. Hodges

Hollingsworth v. Perry

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Quiz Answer Key and Fun Facts

Answer: California

Kennedy's father, also named Anthony, served as a lawyer for the California Legislature and was influential in drafting legislation. His mother Gladys was a local political activist. After studying law, the younger Kennedy became a constitutional law professor at Pacific University.

2. What kind of experience did Anthony Kennedy have in the federal judiciary before being nominated to the Supreme Court?

Answer: Over a decade serving the Ninth Circuit Court of Appeals

Gerald Ford nominated Kennedy in 1975 to the Ninth Circuit Court of Appeals after then Governor Ronald Reagan recommended Kennedy. He was confirmed unanimously by the Senate. He served until his appointment to the Supreme Court.

Answer: Robert Bork

Robert Bork was a rare nominee to be rejected by the Senate. Bork was considered too conservative by many Democrats when he said there was no right to privacy in the Constitution. He was rejected 58-42. Reagan then nominated Douglas Ginsburg but quickly withdrew his nomination. Kennedy was eventually confirmed unanimously after being seen by both liberals and conservatives as being a fair-minded man in the middle of the aisle.

Answer: Sandra Day O'Connor

Sandra Day O'Connor and Anthony Kennedy were considered swing votes for most of the Supreme Court career. Since Kennedy was slightly more conservative than O'Connor, his vote was often less influential than hers. O'Connor left the Court in 2006 and her replacement, Samuel Alito, was very conservative, placing Kennedy in the middle.

5. When the Supreme Court was not in session, Kennedy sometimes taught a course on American law in which European nation?

Answer: Austria

Kennedy taught at McGeorge School of Law, which is part of Pacific University. The McGeorge School of Law offers a summer semester at the University of Salzburg and Kennedy would teach it on occasion. Kennedy also attended several meetings of international judges in Salzburg and this was where Kennedy learned about different international laws that he would sometimes make use of in his opinions.

Answer: Both were constitutional

Kennedy said both were constitutional because they did not create an excessive entanglement between government and religion. He also wrote that neither display failed the Lemon Test's second prong because they neither help nor hinder a religion. Kennedy was only in the majority involving the menorah as the Supreme Court said the nativity was unconstitutional because it was purely a religious symbol. The Court said because the menorah was displayed with a Christmas tree, it was more akin to recognizing the winter holiday season, rather than endorsing a religion like the nativity was.

This case was an early display of Kennedy's judicial philosophy toward religion, as he generally has sided for religious matters and people over government restrictions and intrusions.

7. Justice Kennedy wrote the majority opinion in which controversial 2010 case that dealt with campaign spending and advertising?

Answer: Citizens United v. FEC

There was much controversy around this decision as critics said it would lead to unlimited, dark-money spending during elections. This was untrue, however, as Kennedy (and the rest of the Court) upheld limits on campaign contributions and disclosure.

However, this ruling did lead to the creation of political action committees or super PACS, which can spend unlimited funds for or against a candidate as long as the PAC is not working directly with the candidate or party. The ruling in this case struck down a law which banned corporations, unions and organizations from advertising sixty days before an election and prevented them from using their treasury funds to influence elections.

8. Several sources, including "The Washington Post," have stated that Justice Kennedy hated being referred to as the swing vote.

Answer: True

"The Washington Post" reported that Kennedy hates being called the swing vote because it implies he does not have a sturdy judicial philosophy and swings whatever way the wind blows. Kennedy also disliked the idea that he is the one ultimately responsible for the outcomes of cases, believing each justice is equal.

Answer: When midazolam is used in the execution cocktail

In Glossip v. Gross, Kennedy ruled that midazolam, a controversial drug used in executions, was constitutional. He also ruled that a three-drug cocktail is constitutional in Baze v. Rees.

Kennedy has shown some restraint in using the death penalty. He declared the mentally ill could not be executed in Atkins v. Virginia and that it could not be used against minors in Roper v. Simmons. In Kennedy v. Louisiana, Kennedy said that the death penalty could not be used against those who perpetrated crimes in which no one died or the death was not intentional.

Answer: Hollingsworth v. Perry

Hollingsworth v. Perry involved California's ban on same-sex marriage. Lower courts had struck the ban down as unconstitutional and the state of California stopped enforcing the ban and agreed with courts. A group of same-sex marriage opponents appealed to the Supreme Court. By a 5-4 vote, the Supreme Court ruled that the opponents did not have standing to sue.

However, it was Chief Justice Roberts who sided with the four liberals, not Kennedy. Kennedy had believed the opponents did have standing.

It was speculated after Obergefell v. Hodges that Kennedy wanted to strike down all same-sex marriage bans in Hollingsworth and that is why he ruled the way he did.

Source: Author Joepetz

This quiz was reviewed by FunTrivia editor trident before going online.
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