The first letter was dated Dec. 3, and began with, “Dear Tony.”
Chief Justice John G. Roberts Jr. noted that he and his colleagues are “keenly aware” of Kennedy’s absence in their conferences and on the bench, but heartened that the retired justice has continued to have an “active presence” at the court.
Kennedy, like all retired justices, is entitled to maintain his judicial chambers at the Supreme Court, and he has three law clerks who also assist other justices.
The justices praised Kennedy for inspiring them with his “example of ceaseless civility.”
The correspondence was signed by all nine justices and comes at a time when the high court is still recovering from the bitter Senate battle that led to the confirmation of the newest justice, Brett M. Kavanaugh. It follows an unusual public exchange last month between the chief justice and President Trump, in which Roberts defended the independence of the judiciary in response to criticism from the president.
“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said in a statement. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”
Kennedy stayed for oral argument in the first case Monday involving the taxation in West Virginia of retirement benefits for law enforcement officials. No longer in a black robe, Kennedy wore a dark suit, red tie and white pocket square.
Before arguments began, Roberts noted that the court will not be in session on Wednesday in observance of the national day of mourning for former president George H.W. Bush. He followed the traditional reading of the court’s letter to Kennedy with the retired justice’s response, also dated Dec. 3.
“This reply is not to say farewell, for it is my hope to linger here to be with all of you in the days and years to come. It is necessary, of course, to say farewell to being on the bench and in the conference room.”
In a nod to their divided decisions, Kennedy wrote: “Even if we disagreed in a particular case, we admired and respected each other as we sought to explain the law as we found it to be and to ensure that, over the course of time, the law and the freedoms it sustains will be even more secure, ever more revered.”
He closed with, “Yours sincerely, Tony.”