Senior Associate Justice Anthony McLeod Kennedy Retires from SCOTUS

When Will Justice Kennedy Retire?

Tomorrow (June 27, 2018)
6
32%
Before the Mid Term Elections
6
32%
Later
5
26%
Other
2
11%
 
Total votes: 19

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Suranis
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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#26

Post by Suranis » Wed Jun 27, 2018 3:57 pm

Over at slate they don't think it will make much difference. This was written before the announcement.

Progressives and moderates take note: Justice Anthony Kennedy’s vote is no longer in play.
The justice’s Trump-friendly votes on the travel ban and crisis pregnancy centers show he’s done playing the role of the wise centrist.

On Tuesday, Kennedy sided with the Supreme Court’s conservative majority in upholding Donald Trump’s travel ban and striking down California’s disclosure requirements for crisis pregnancy centers. The day before, he voted to uphold the bulk of Texas’ racial gerrymander. Earlier in June, he voted to let Ohio purge voters from the rolls for infrequent voting and to punt a challenge to partisan gerrymandering. On Wednesday, he is all but certain to hobble public sector unions in a sweeping decision that will affect millions of workers in 22 states. There have been 13 5–4 decisions so far this term that have pitted the conservative justices against the liberals. Kennedy went with the conservatives all 13 times.

In the Trump era, the Supreme Court was supposed to be the grown-up in the room, and Kennedy was supposed to be the grown-up in the room at SCOTUS. But this term, the justice has abdicated that role, alternately authorizing Trump’s lawlessness and refusing to make up his mind. Indeed, we seem to be living in a counterprogrammed reality show where, in a respite from the Law of Inside Trump’s Head, we enjoy brief visits to the Law of Inside Anthony Kennedy’s Conscience. Neither is a particularly nice place to be right now. The result is a slew of disastrous decisions that will empower Trump and his enablers to escalate their assault on American democracy.

On some level, Kennedy knows what he’s doing. In Trump v. Hawaii, the travel ban case, the justice penned a brief concurrence in which he almost seemed to apologize for his vote. “There are numerous instances in which the statements and actions of government officials are not subject to judicial scrutiny or intervention,” Kennedy wrote. “That does not mean those officials are free to disregard the Constitution and the rights it proclaims and protects.” The fact that “an official may have broad discretion, discretion free from judicial scrutiny, makes it all the more imperative for him or her to adhere to the Constitution and to its meaning and its promise.” Shorter Kennedy: Trump did a bunch of bad things, but what do you expect me to do about it?

But who said the president’s decision to exclude millions of Muslims from the U.S. is “free from judicial scrutiny”? The Supreme Court just did, in a decision that Kennedy enabled. It’s certainly true that, as the justice wrote, the Constitution protects the “freedom of belief and expression” for all. On Tuesday, however, with Kennedy’s critical assist, the court ducked its duty to enforce that promise, authorizing the president to punish those who believe differently than he does.


Irony can be pretty ironic sometimes.

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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#27

Post by bob » Wed Jun 27, 2018 4:05 pm



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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#28

Post by vic » Wed Jun 27, 2018 4:08 pm

Sorry, Slate, but you're wrong.

The effect a Justice has on the court is more than just the decisions that are handed down. It is what cases are selected by the court. In particular, the conservative justices might prefer not to accept a case if the vote could go against their position and result in a Supreme Court ruling which is controlling; better to let the more conservative appeals courts be controlling in their regions than chance a liberal result.

And with a strongly conservative court, it's more likely that prior decisions, such as Roe v. Wade, would be revisited.



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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#29

Post by bob » Wed Jun 27, 2018 4:09 pm

The president indicated his nominee will likely come from the List of 25.


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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#30

Post by kate520 » Wed Jun 27, 2018 4:22 pm

Oh, he won’t get a second term! :eek2: If Clarence Scalias in, say, February, the Dems must refuse to vote until after the 2020 electi N. Goose, gander.


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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#31

Post by CJ Roberts » Wed Jun 27, 2018 4:42 pm

Since Trump is already campaigning for 2020, we need to let the people decide on the next Justice.


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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#32

Post by realist » Wed Jun 27, 2018 4:43 pm

CJ Roberts wrote:
Wed Jun 27, 2018 4:42 pm
Since Trump is already campaigning for 2020, we need to let the people decide on the next Justice.
:thumbs:


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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#33

Post by Orlylicious » Wed Jun 27, 2018 4:53 pm

Fuck. This is the hill to die on, Congressional Democrats need to do anything and everything to obstruct and use the McConnell rule, it's closer to a major election now then when Republicans stole Garland's seat. Kennedy voted for Bush v Gore and lots of terrible things besides Citizens United, but he was at least human about women's and gay rights and criminal justice reform. And to think people stayed home in 2016. :madguy:


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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#34

Post by fierceredpanda » Wed Jun 27, 2018 5:29 pm

kate520 wrote:
Wed Jun 27, 2018 4:22 pm
Oh, he won’t get a second term! :eek2: If Clarence Scalias in, say, February, the Dems must refuse to vote until after the 2020 electi N. Goose, gander.
And how, exactly, do you propose they do that? The Senate map this year is bad enough for the Democrats that it will be challenging in the extreme for them to keep the 49 seats they have now, and it will take an actual miracle for them to get to 51. 50 isn't enough, because Pence breaks the tie. And with no filibuster, there is literally no way to prevent a vote on Judge Jeanine or whoever the fuck Trump puts up.


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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#35

Post by Whatever4 » Wed Jun 27, 2018 5:46 pm

bob wrote:
Wed Jun 27, 2018 4:09 pm
The president indicated his nominee will likely come from the List of 25.

But Orly’s not on that list! :nope:


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Re: Senior Associate Justice Anthony McLeod Kennedy Retires from SCOTUS

#36

Post by Lunaluz » Wed Jun 27, 2018 6:00 pm

I was listening to my NPR station today, They had Ben Rhodes on, as he has a book out called "The World as it is, a Memoir of the Obama White house."
He also discussed the vacancy upcoming for Justice Kennedy. The prevailing theory is that the republicans will push the nominee through before the midterms, if they can't get it done they still have until January, before any new representatives and senators are sworn in. This week has been nothing short of shock and horror for many of us. I just don't see any silver lining anywhere.



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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#37

Post by Blackbeard » Wed Jun 27, 2018 6:14 pm

kate520 wrote:
Wed Jun 27, 2018 4:22 pm
Oh, he won’t get a second term! :eek2: If Clarence Scalias in, say, February, the Dems must refuse to vote until after the 2020 electi N. Goose, gander.
That won't stop it. The confirmation vote will be before the election and they have the votes to confirm.



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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#38

Post by Mikedunford » Wed Jun 27, 2018 6:22 pm

Orlylicious wrote:
Wed Jun 27, 2018 4:53 pm
Fuck. This is the hill to die on, Congressional Democrats need to do anything and everything to obstruct and use the McConnell rule, it's closer to a major election now then when Republicans stole Garland's seat. Kennedy voted for Bush v Gore and lots of terrible things besides Citizens United, but he was at least human about women's and gay rights and criminal justice reform. And to think people stayed home in 2016. :madguy:
McConnell got rid of the SCOTUS filibuster to get Gorsuch in. Republicans hold a majority. There is no ability to block. Zero. That is reality.

We are fully fucked on this one. We'll be a generation fixing the mess that Trump and McConnell have created, with the occasional assist from Democrats.


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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#39

Post by Dan1100 » Wed Jun 27, 2018 6:24 pm

Blackbeard wrote:
Wed Jun 27, 2018 6:14 pm
kate520 wrote:
Wed Jun 27, 2018 4:22 pm
Oh, he won’t get a second term! :eek2: If Clarence Scalias in, say, February, the Dems must refuse to vote until after the 2020 electi N. Goose, gander.
That won't stop it. The confirmation vote will be before the election and they have the votes to confirm.
Assuming McCain is too sick to vote, it is 50 Republicans to 49 Democrats. If one Republican flips, then it is 49 Republicans to 50 Democrats and Pence doesn't matter.

It gives that one Republican who threatens to flip an awful lot of power. Flake might use it. Maybe Corker. Maybe someone has pictures of Graham snorting cocaine off the breasts of a african american stripper.

There is a chance, albiet a small one, the Republicans could screw this up and then the Democrats take the Senate in November. A really small chance. :brokenheart:


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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#40

Post by Blackbeard » Wed Jun 27, 2018 6:29 pm

Dan1100 wrote:
Wed Jun 27, 2018 6:24 pm
Blackbeard wrote:
Wed Jun 27, 2018 6:14 pm
kate520 wrote:
Wed Jun 27, 2018 4:22 pm
Oh, he won’t get a second term! :eek2: If Clarence Scalias in, say, February, the Dems must refuse to vote until after the 2020 electi N. Goose, gander.
That won't stop it. The confirmation vote will be before the election and they have the votes to confirm.
Assuming McCain is too sick to vote, it is 50 Republicans to 49 Democrats. If one Republican flips, then it is 49 Republicans to 50 Democrats and Pence doesn't matter.

It gives that one Republican who threatens to flip an awful lot of power. Flake might use it. Maybe Corker. Maybe someone has pictures of Graham snorting cocaine off the breasts of a african american stripper.

There is a chance, albiet a small one, the Republicans could screw this up and then the Democrats take the Senate in November. A really small chance. :brokenheart:
True, so I don't think they'll waste any time getting the hearings rolling. Also, it may not look any better for democrats after the election. The D's have like 25 seats to defend, and 10 of them are in states Trump won. With an open SCOTUS seat in the balance, there will be GOP turnout aplenty.



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Re: Senior Associate Justice Anthony McLeod Kennedy Retires from SCOTUS

#41

Post by Judge Roy Bean » Wed Jun 27, 2018 6:35 pm

My guess would be Hardiman will be the next justice.


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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#42

Post by Slim Cognito » Wed Jun 27, 2018 6:56 pm

Blackbeard wrote:
Wed Jun 27, 2018 6:29 pm
Dan1100 wrote:
Wed Jun 27, 2018 6:24 pm
Blackbeard wrote:
Wed Jun 27, 2018 6:14 pm


That won't stop it. The confirmation vote will be before the election and they have the votes to confirm.
Assuming McCain is too sick to vote, it is 50 Republicans to 49 Democrats. If one Republican flips, then it is 49 Republicans to 50 Democrats and Pence doesn't matter.

It gives that one Republican who threatens to flip an awful lot of power. Flake might use it. Maybe Corker. Maybe someone has pictures of Graham snorting cocaine off the breasts of a african american stripper.

There is a chance, albiet a small one, the Republicans could screw this up and then the Democrats take the Senate in November. A really small chance. :brokenheart:
True, so I don't think they'll waste any time getting the hearings rolling. Also, it may not look any better for democrats after the election. The D's have like 25 seats to defend, and 10 of them are in states Trump won. With an open SCOTUS seat in the balance, there will be GOP turnout aplenty.
This statement made me ill, because it's true. But aren't there a lot of women who identify as republican who are pro-choice? Is it too much to hope some of them will vote to keep Roe v Wade?

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Re: Senior Associate Justice Anthony McLeod Kennedy Retires from SCOTUS

#43

Post by AndyinPA » Wed Jun 27, 2018 7:04 pm

Here's someone who really didn't like Kennedy, Ian Millhiser.

https://thinkprogress.org/kennedy-was-a ... 464024d78/
One of my favorite genres of writing is the charitable obituary written about a political opponent. My remembrance of Judge Robert Bork, the conservative icon President Ronald Reagan tried and failed to put on the Supreme Court, highlighted his more admirable calls for judicial restraint. My obituary of Justice Antonin Scalia was titled “In Praise of Scalia.”

I want to establish these facts up front as I begin my obituary of Justice Anthony Kennedy’s judicial career, because what follows will not be especially charitable. Justice Kennedy was a Cadillac’s intellect in a Lamborghini’s job. His writing ranged from needlessly flowery to completely incoherent. And, while his views sometimes placed him to the left of men like Scalia and Bork, his “liberal” opinions were frequently his most incomprehensible.

:snippity:

Kennedy made many bad decisions on the Supreme Court, but his single worst decision was to give his seat up to Donald Trump. Anthony Kennedy spent his career toying with liberals’ hopes for the future, but at least he gave us hope. His replacement, like Gorsuch, is likely to make even Scalia look like a moderate.




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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#44

Post by Mikedunford » Wed Jun 27, 2018 7:07 pm

Blackbeard wrote:
Wed Jun 27, 2018 6:29 pm
Dan1100 wrote:
Wed Jun 27, 2018 6:24 pm
Blackbeard wrote:
Wed Jun 27, 2018 6:14 pm


That won't stop it. The confirmation vote will be before the election and they have the votes to confirm.
Assuming McCain is too sick to vote, it is 50 Republicans to 49 Democrats. If one Republican flips, then it is 49 Republicans to 50 Democrats and Pence doesn't matter.

It gives that one Republican who threatens to flip an awful lot of power. Flake might use it. Maybe Corker. Maybe someone has pictures of Graham snorting cocaine off the breasts of a african american stripper.

There is a chance, albiet a small one, the Republicans could screw this up and then the Democrats take the Senate in November. A really small chance. :brokenheart:
True, so I don't think they'll waste any time getting the hearings rolling. Also, it may not look any better for democrats after the election. The D's have like 25 seats to defend, and 10 of them are in states Trump won. With an open SCOTUS seat in the balance, there will be GOP turnout aplenty.
:yeah:

A confirmation that runs through the elections is not optimal for the Democrats in a cycle where we want motivated Dems and demoralized Reps, particularly given the Senate map.


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Re: Senior Associate Justice Anthony McLeod Kennedy Retires from SCOTUS

#45

Post by Orlylicious » Wed Jun 27, 2018 8:02 pm

It depends on the nominee, but this appointment affects so many landmark issues that it may be the catalyst for independents and millennials to get off the fence and use the midterms to put a check on Donald and SCOTUS.


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Re: Senior Associate Justice Anthony McLeod Kennedy Retires from SCOTUS

#46

Post by Turtle » Wed Jun 27, 2018 8:34 pm

Meanwhile in ND:




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Re: When Will Senior Associate Justice Anthony McLeod Kennedy Retire from SCOTUS?

#47

Post by bob » Wed Jun 27, 2018 8:44 pm

Dan1100 wrote:
Wed Jun 27, 2018 6:24 pm
There is a chance, albiet a small one, the Republicans could screw this up and then the Democrats take the Senate in November.
Absent extraordinary circumstances, even if Republicans do poorly in November, they wouldn't cede power until January.

Meaning they can have their cake and eat it too by dangling the confirmation issue (to rally their base) until the election is over, and then confirm whichever Scalia clone is nominated.


McConnell could justify delaying the vote to after the election by saying, "we're letting the people have a voice."

Ditto with the president: he would love to -- again -- play The Bachelor and tease out the attention over the nomination.


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Re: Senior Associate Justice Anthony McLeod Kennedy Retires from SCOTUS

#48

Post by bob » Wed Jun 27, 2018 9:29 pm

538: John Roberts Will Probably Be The Supreme Court’s Next Swing Justice.

Executive summary: Charts and math to state the fairly obvious. And "swing" is misnomer, really; Roberts somewhat has been "evolving" (i.e., voting more liberal), but he's not going to occupy the middle like Kennedy did.

Of note:
There is one would-be justice among the federal appeals judges on Trump’s shortlist who would scoop the median-voter title from Roberts, at least as measured by Judicial Common Space scores — and that’s Thomas Hardiman, a judge who serves on the 3rd U.S. Circuit Court of Appeals.
Hardiman is a colleague of the president's sister, and was finalist for the previous open seat.

But see:
Things will look more conservative still if the spot goes to a judge like Brett Kavanaugh, a former Kennedy clerk who now serves on the U.S. Court of Appeals in Washington, D.C., and is emerging as an early frontrunner. Kavanaugh is among the most conservative of the judges for whom we have ideology data, with a score that puts him to the left only of the archconservative Clarence Thomas.


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Re: Senior Associate Justice Anthony McLeod Kennedy Retires from SCOTUS

#49

Post by Dolly » Wed Jun 27, 2018 9:48 pm



New York Daily News cover says 'we are f---ed' after Kennedy retires

The New York Daily News' previewed its Thursday print cover reading "We are f---ed" following Justice Anthony Kennedy's announced retirement from the Supreme Court.

"Justice Anthony Kennedy has announced his retirement, giving President Trump the chance to appoint a second judge," the newspaper tweeted with an image of its cover, which includes Trump holding a gavel. "An early look at Thursday's front..."

New York Daily News

@NYDailyNews
Justice Anthony Kennedy has announced his retirement, giving President Trump the chance to appoint a second judge. https://nydn.us/2Mwjh8L

An early look at Thursday's front...

4:51 PM - Jun 27, 2018

The cover will hit newsstands a day after Kennedy announced he'd retire — a move that will allow Trump to nominate his second Supreme Court Justice since taking office. Trump nominated Neil Gorsuch in 2017.

Senate Majority Leader Mitch McConnell (R-Ky.) said he's planning for the Senate to vote on Trump's next nomination by the fall.
But Democratic lawmakers slammed McConnell's statement as hypocritical following Republicans' successful attempt to delay confirming former President Obama's Supreme Court nominee in 2016 until after the presidential election. Democrats on Wednesday urged the GOP leader to wait until after the midterm elections to hold hearings.

Trump will choose a nominee from a short list of already released 25 names.

“There are certain names that are just outstanding, names that you already know, to be honest with you,” Trump said.
http://thehill.com/homenews/394541-new- ... dy-retires


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Re: Senior Associate Justice Anthony McLeod Kennedy Retires from SCOTUS

#50

Post by YaYa » Wed Jun 27, 2018 10:53 pm

Saw this on Twitter. Any thoughts good people?

"Donald Trump can not appoint a Justice to the Supreme Court, as he is under criminal investigation. It is a conflict of interest, as that Justice would have to rule on Trump's treason/collusion/criminal-conspiracty/money-laundering. That Justice will have to recuse himself."



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