Justice Kennedy asks: Where is civil discourse?

Justice Anthony M. Kennedy with Kate Meeks at the Aspen Institute, Washington, D.C., Oct. 21, 2025/By Patricia Leslie

At the Aspen Institute Washington's office Tuesday night, retired U.S. Supreme Court Justice Anthony M. Kennedy looked out at the audience and said he was “astonished" by public leaders who "use filthy words" and the lack of "respectful discourse" heard on public airways.

(Aren't we all, Justice Kennedy? The name of the chief bad mouth was never uttered in the session nor were any other names, not associated with cases.)

Justice Anthony M. Kennedy at the Aspen Institute, Washington, D.C., Oct. 21, 2025/By Patricia Leslie

Appearing before a "sold out" crowd at the Klein Book Series sponsored by Susan and John Klein, both in attendance, Justice Kennedy came to promote his new book, Life, Law & Liberty, which contains, upon first hearing, more humor than one might suspect.

The interviewer, his former law clerk and Fox News Media's General Counsel, Kate Meeks threw him softball questions, mostly about his growing up years allowing Justice Kennedy to tell about some funny parts.

Just before he took a tax exam he and a buddy took their tax books to a baseball game (the last one Ted Williams played!) to study... (to what?) and lo and behold, the sound of a familiar voice, that of their tax professor, piped up behind them. For years, this professor (who later became the U.S. Solicitor General) kidded Mr. Kennedy about the encounter.

Justice Anthony M. Kennedy with Kate Meeks at the Aspen Institute, Washington, D.C., Oct. 21, 2025/By Patricia Leslie

In these forums, the best always comes last and Tuesday evening's session was no exception, with questions from the audience. (Written questions were accepted beforehand.)  

Nothing but polite questions came from the genteel group, most questions devoted to past Supreme Court decisions with no justice names included. (Sigh)

And if you ever wondered if the justices are affected by public opinion, wonder no more since Justice Kennedy cited public opinion at least twice in the hourlong session. 

When asked about Citizens v. United, Justice Kennedy said (paraphrasing) if you don't like it, then change it!  It's up to the voters to get down and effect change at the ballot box!  Please!

Vote for the other candidate who's not receiving Big Money, he said.

That decision was 5-4 and he wrote the majority opinion, that Congress cannot prohibit corporations from giving money to campaigns.  

But, vast amounts of money going into campaigns is very troubling, he said. Billionaires who don't even live in the state pour money into campaigns (omitting the name of Elon Musk and his disastrous results in the Wisconsin Supreme Court race).

Kennedy went on: If we say corporations can't give money, the New York Times is a corporation.  Are they to be limited?  What about a chamber of commerce in a small town?  A bakery shop?

Are we going to have limits on big corporations v. small ones?  

Voters can demand disclosure.  If voters are unhappy with money going to one candidate, they can vote for the other candidate, he said.

About the 1989 flag burning case when the Court ruled 5-4 in favor of freedom of speech by the flag burner, it was a decision, Justice Kennedy said, which the public quickly grew to accept, after initial criticism and rebukes from 80 U.S. Senators. (Editor's note: One can hazard a guess on the case outcome by today's Supreme Court.) 

In Bush v. Gore: "We had 48 hours, I think to write the opinion," and seven justices agreed to take the case. He was unsure a couple of times whether it was seven or six justices, but they agreed there was a Constitutional violation.

"The question was:  What should be the remedy?"

Gore wanted a recount of the votes only in the districts that he lost and "we said, no you can't do that. He wanted to extend the time for more argument and we said no.

"It seems to me, the opinion was quite right," citing surveys that Bush "would have won, but I'm not sure those were correct." 

He said the framers of the U.S. promised (in the Preamble to the U.S. Declaration of Independence) that "'all men are created equal'" with "certain unalienable Rights" which include "the pursuit of life, liberty and the pursuit of happiness" but "judges cannot enforce happiness." 

He holds a "fundamental concern about human dignity," not found in the Constitution. "Freedom means respect for each person," he said.

Kennedy frequently referenced President Ronald Reagan who nominated him to the Ninth Circuit for the U.S. Court of Appeals and later, the U.S. Supreme Court, Kennedy, quite adept at mimicking his old boss.

Kennedy got to know Reagan when Reagan was California's governor, and Kennedy performed legal work for him.

As for moving back to the East Coast for the Supreme Court,

"aw, shucks," Kennedy seemed to say: He and Mrs. Kennedy were not so fond of moving back East from California and they didn't really know anyone, he told Reagan.

"'Well, you know me,'" Kennedy quoted Reagan in his drawl.

"What?" said Kennedy to audience laughter: "Was I supposed to go and have lunch with him every day?" 

Reagan "would be most concerned about the state of our civic discourse, and he would be a wonderful person to try to restore civility that we need so badly." (Since Reagan speaks from the grave about tariffs, will someone bring up his remarks, please, about civility?)

Kennedy's guidance for new members of the Supreme Court:  "The cases are much harder and much more difficult than you think when you sit down to write them."

One questioner asked if it's become "a meaningless ritual when you take the oath of office and the words don't mean anything?"

Kennedy praised the questioner's wording framing the question and answered that every public official has the duty to ensure that what he or she is doing is consistent with the Constitution.

The most important qualities for a judge are "you must be honest with yourself. You must ask yourself every day what is it that is making me do this? Is there some hidden motive, some bias that I have that I can't see?  

"All of us have to ask this in our lives every day. Judges have a sworn duty to ask this question."

Kennedy's "greatest job in the world is a U.S. District Judge.  He or she is all by himself or herself.  That single judge gets to see real people, jurors, witnesses." 

He emphasized that the Constitution doesn't just apply to cases that come before the Supreme Court: It applies even more importantly to those that don't come to the Court.  

"The Constitution requires equal treatment for all."

He said, if our democracy is going to survive, we must have an informed electorate. Our citizens must take an interest in current affairs, they must participate, and if they don't like what they see, they can show it at the ballot box. 

Internet usage is mostly only communicating with those who agree with you, he said.

Answering another question from the audience, he said, the Supreme Court encounters "difficulties" with so many emergency decisions. 

"We would get phone calls in the middle of the night - death cases - these are quite complex and it does seem to me that we have to find ways so the courts have more time.

"The district courts sometimes have just a couple of hours.  We usually just stay it. In some instances, some ongoing wrongs continue."

A reception followed.

patricialesli@gmail.com

Book review: Who was Perle Mesta?

The author of The Woman Who Knew Everyone:  The Power of Perle Mesta, Washington's Most Famous Hostess, Meryl Gordon, has compiled an exhaustive account of Perle Mesta's life, written well and a "fast read."

It's unlikely that the book will attract many who don't recall Ms. Mesta's name, a woman who enjoyed her heyday in the 1940s and 1950s, and the cover and title certainly don't help.

The title does little to attract readers. For those who remember her, Ms. Mesta's name should be front and center.

The cover makes no sense since it appears Ms. Mesta was a friend of Jacqueline Kennedy of whom she was not, having greatly offended the Kennedys when Jack was a presidential candidate in 1960 and Ms. Mesta went overboard in her support of LBJ.

So much for White House invitations which ceased after JFK took office in January, 1961, darkening Ms. Mesta's lights in Washington where she had been non-stop socialite and party hostess, a Washington institution about and around town during most of her adult life.

Wikipedia says Perle Mesta (1882-1975) inherited what would be today approximately $1.4 billion from her husband, George, a steel industrialist who preceded her in death by 50 years. 

Ms. Mesta used the money to fundraise for the Democratic party and entertain politicians, spouses, Washingtonians, and celebrities.  

Often, her parties were attended by thousands.  She was an early supporter of the Equal Rights Amendment and worked hard with elected officials to gain support for it.

Until JFK's ascent to the presidency, Mesta had been a constant visitor to the White House during Presidents Truman's and Eisenhower's terms, she being close friends with both Mr. and Mrs. Truman and Mamie Eisenhower, however, Eisenhower did not re-appoint her to the Luxembourg ministry like Truman had initially, Truman never naming Ms. Mesta "ambassador" for some unsaid reason, but "minister."

In Luxembourg, the State Department staff ridiculed her, jealous, I suspect, but the Luxembourgers loved her. 

At the first of every first month after they had been paid and could afford to get to the embassy, Ms. Mesta hosted at her expense, parties for U.S. soldiers stationed in Europe.

After Luxembourg, Ms. Mesta toured the world as a "diplomat “ and wrote a newspaper series, lecturing to large audiences who loved her, chronicling her months-long 1953 visit to Russia which welcomed her and permitted her to often visit forbidden places.  

She did not shy from describing Russian life as she saw it, writing about, for instance, women performing heavy labor.

On her trip, she stopped in Ukraine and noted that Ukrainians were highly offended if someone called them "Russian." 

"Their reaction sheds some light on why the Kremlin continues to be troubled about the Ukraine, the second largest republic in the Soviet Union and the source of much of its food, coal and iron ore." (P. 214)

The public and catty comments found throughout the book and attributed to social competitor Gwen Cafritz about Ms. Mesta's physical appearance, her lack of education, and social niceties are astonishing to read. 

Yet Ms. Mesta never seemed to go negative in response (at least, in the book), always maintaining a positive outlook and wide smile. 

"The hostest with the mostes" was a title borne in a Broadway musical about her by Howard Lindsay with music by Irving Berlin, and starring Ethel Merman. It was Call Me Madam.

Ms. Gordon includes all things good and bad about Ms. Mesta, her money, travels, mobility. Ms. Mesta's schedule and energy, even during latter years, left me envious.

Overall, a good read for Washingtonians and others interested in social life in our nation's capital, including those nasty State Department snobs. (Almost 400 pages.)

Who fills her shoes now? Nobody.

patricialesli@gmail.com

The masterpiece 'Julius X' at Folger Theatre

Yunyi Dai was the designer for the playbill cover for Julius X now on stage at  Folger Theatre

This is Harlem! This is Rome!

It is not necessary to be a Shakespeare scholar or a follower of Malcolm X to enjoy terrific theatre now on stage at the Folger Theatre. 

Julius X: A Re-envisioning of The Tragedy of Julius Caesar by William Shakespeare is one of the best shows I’ve seen in Washington D.C. this year, thought-provoking and certain to appeal to all those who love the writings of the master wordsmith.  

The timing with today's political chaos is remarkable.

Brandon Carter, left, is Julius X and Greg Alverez Reid is Brutus in Folger Theatre's Julius X: A Re-envisioning of The Tragedy of Julius Caesar by William Shakespeare on stage through Oct. 26, 2025/By Erika Nizborski 

It's an excellent staging in a lively, edge-of-your seat presentation, engaging even to a laywoman, a non-Shakespearean scholar like me, initially intimidated by the seeming complexities of the subject matter.

Using text from the speeches of Malcolm X and William Shakespeare's Julius Caesar, Al Letson, poet and hip hop artist has amplified the tales of the two men with his own brand to produce a marvelous, intertwined script.

Letson draws comparisons between the ending of their lives and their assassinations by associates and others worried by threats the men posed to their group's leadership. 

Brandon Carter plays the lead role and must have spent hours studying film of Malcolm X to deliver his stunning performance. 

Indeed, after the murder of Julius, Carter enters a scene in an abbreviated role, this time, a humorous portrayal of an old man bent on trying to solve conflict, waving his cane to audience delight. 

The cast of Folger Theatre's Julius X: A Re-envisioning of The Tragedy of Julius Caesar by William Shakespeare on stage through Oct. 26, 2025/By Erika Nizborski 

The actors were powerful, but none overbearing, including the hated Brutus (Greg Alverez Reid) and his sidekick, Cassius (Jay Frisby) who succeeded in their quests to produce animosity and energize the crowd, the audience which joined the cast at the invitation of director Nicole Brewer who asked at the start of the show for our participation when needed.

We were only too happy to oblige, clap, and shout for Julius and boo and hiss the conniving Brutus.

More than the original playwright, Letson incorporates extra speaking parts for Calpurnia, Malcolm X's wife (Nikkole Salter) and Portia, Brutus's wife (Renee Elizabeth Wilson) who handled their roles with conviction and passion.

Abandoning his earlier weakness when he was overshadowed by Julius, Jonathan Del Palmer became a strong Marc Anthony who speaks vigorously when he commands the stage alone to say:

The evil that men do lives after them;
 
The good is oft interred with their bones;
Hath told you Julius was ambitious:
If it were so, it was a grievous fault;
And grievously hath Julius answer'd it.
Here, under leave of Brutus and the rest, —
For Brutus is an honorable man;
So are they all, all honorable men, —
Come I to speak in Julius's funeral.
He was my friend, faithful and just to me:
But Brutus says he was ambitious;
And Brutus is an honorable man.

Letson worked on his script for years, beginning when, as a youth, he was denied a role as Marc Anthony because of his skin color. He developed a love of Shakespeare and earlier, in the 7th grade, after reading The Autobiography of Malcolm X, those words remained, too.

Creative team members added immensely to the enjoyment of the show, like choreographer Shawn Short who wove fine dance design into the story.

Costumer Danielle Preston dresses the actors in mostly contemporary styling with Julius wearing the straight, dull apparel associated with memories of Malcolm X.

Porsche McGovern's lighting and Andrés Poch's projections  were outstanding, the projections often suggesting  mental turmoil and ... stormy weather.

In a pre-play interview posted at the Folger, director Brewer points to the play’s “medicinal value” which invites us to pause and reflect on where our communities, our cities, our country are headed, how our connections have been weakened and our divides strengthened, and she asks:
“Where have we been reticent in taking action, only to find ourselves facing more extreme outcomes later? Where have we lost trust and faith in each other?”

Other cast members are: Lilli Hokama, Gaelyn D. Smith, Shawn Sebastian Naar, and Dwayne Alistair Thomas.

Also on the creative team: Thom J. Woodward, sound; Isabel Simoes deCarvalho, props; and John “Ray” Proctor, dramaturg and voice and text coach.

What: Julius X: A Re-envisioning of The Tragedy of Julius Caesar by William Shakespeare by Al Letson

When: Now through October 26, 2025 with a masked performance, Oct. 5 at 7:30 p.m.; relaxed performances, Oct. 12, 7:30 p.m. and Oct. 22, 2 p.m.; post-show discussion with the cast, Oct. 16 at 7:30 p.m.; audio-described, Oct. 18, 2 p.m.; and open-captioned, Oct. 26, 2 p.m. and 7:30 p.m.

Where: Folger Theatre, 201 East Capitol Street, S. E. Washington, D.C. 20003. Enter at Third and East Capitol streets.

Tickets: Buy online, phone (202-544-7077), or at the box office. Tickets start at $20 with discounts for groups, persons under age 35, students, seniors, educators, members and family of the military. Those under age 4 are not permitted. 

Federal Employees: Buy and reserve up to two tickets for only $20 each through Oct. 5 using the code FEDERAL. Please bring proof of current or recent employment to Will Call.

Metro stops: Capitol South or Union Station

For more information: 202-544-4600 or info@folger.edu

patricialesli@gmail.com