Former Justice Kennedy Discusses Charles Evans Hughes and the Phrase “Equal Justice Under Law” in The New York Times

In an adaptation from his new memoir, former U.S. Supreme Court Associate Justice Anthony Kennedy writes about the origin and importance of the phrase “Equal Justice Under Law,” which is etched on the Supreme Court building thanks to the founder of Hughes Hubbard, Former Chief Justice Charles Evans Hughes.

Kennedy recounts that when he first joined the court, he became curious about the origins of the phrase. His research led him to the correspondence of Hughes, who was chief justice at the time the building was near completion. While the phrase was a suggestion from the architects, as it fit the aesthetics for the building, Hughes liked the phrase and approved its use.

Shortly after the phrase was etched, a journalist wrote to Hughes saying that the phrase was improper English because, “‘Equal justice,’ said the journalist, is redundant. Justice is always equal.”

Hughes responded that the phrase was in fact proper, as “all of us need to be reminded from time to time that equality is one of the principal and necessary components of justice.”

Kennedy goes on to affirm his agreement with Hughes, stating that, “As is often the case, Hughes was dead right. The courts must confront a tension in the law between the announcement of general rules and its application to specific cases. Rules are created in advance of an event, while cases are decided afterward.”

He added, “Equality is a central concern in many cases, and there are other basic rights as well. Equality and those rights must be essential parts of a constitutional democracy. In the law — and in our moral realm — no one must be disadvantaged by reason of religion or creed, ethnicity, race, national origin, sex or other characteristics.”

Read the full New York Times adaptation of Kennedy’s memoir excerpt.