When Justice Lewis Powell, Jr. resigned from the U.S. Supreme Court, federal court of appeals judge Anthony Kennedy became President Ronald Reagan's third appointment to fill the vacancy. Although Kennedy may have been President Reagan's third choice, most commentators consider it in retrospect to have been his best.

Justice Kennedy has been praised for his competence, impartiality, and collegiality. His voting record has generally been conservative, but his opinions tend to be narrowly drafted, avoiding ideological extremes. However, he has occasionally voted with the liberal block and has joined with moderates in forming a coalition that frequently determines the outcome of close decisions. Kennedy has been assigned to write the opinion of the Court in some of the most important cases in recent school law history. ...