Will Justice Kennedy retire?
That’s a question that’s been asked quite a bit lately.
People claim to see signs of withdrawal in Kennedy that they interpret as the prodrome of retirement (for example see this). I have to say that these days I tend to discount all speculation in the MSM—not just speculation about Kennedy—because so much of it is hot air that doesn’t come true.
I tend to put this in the same category, but I don’t pretend to know.
After all, Kennedy is almost 82, and he’s been on the Court for 30 years. He was appointed by Reagan, but he’s long been a disappointment to conservatives because he constitutes a vitally important swing vote that can go either way and is difficult to predict. The quip about forecasting SCOTUS decisions—why don’t you just ask Kennedy what he thinks?—is often valid.
The left is afraid that Kennedy will retire under Trump’s watch and give the president the chance to eliminate the “swing” element and change the Court’s balance to more reliably conservative. Will it happen? You be the judge (pun intended). Your guess is probably as good as anyone’s.
We can hope.
Breyer and RBG are older but they will never retire. They will die at their desks. Resist!
Given the volatility in today’s political climate and, absent incapacity, political affiliation is the determinant factor in whether a SCOTUS justice can contemplate retirement.
Certainly while Trump is President no liberal SCOTUS justice can do so, which includes Kennedy. Had Clinton been elected, the same condition would apply in the reverse.
I find it very distressing that, in a supposed republic, all power is placed in one man.
The leftist SCOTUS judges will not retire until they are knocking at hell’s door. Kennedy, sitting on the fence, may actually decided enough is enough and decide to spend more time with the great grandchildern.
Cornhead is right & as their last opinion: “…to the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee.”
Unfortunately, the track record for Republican appointed judges is more, uh, problematic than the Democrat track record. Sure, Clarence Thomas, and Antonin Scalia. But Republicans appointed Kennedy, and Souter, and before thim Earl Warren (Eisenhower appointee), Harry Blackmun (Nixon appointee). Sandra Day O’Connor was a funny one: she almost always tended to go for states’ rights over strong central government — a Republican thing — but otherwise, tended liberal on anything else.
IF the Dems win the Senate, and Kennedy retires, then the Dems will say NO new Supreme until the next President. You know 2 yr from the next election is just too close so no Judge.
“They will die at their desks”
Taxidermists can work wonders- I am not sure death will get them off the court.
I think Thomas is more likely to retire than Kennedy- Thomas has a great deal more incentive to have a Republican President and Senate nominate and approve his replacement- it would be one final poke in the eye of his cretinous opponents.
Yancey Ward Says:
June 27th, 2018 at 1:40 am
“They will die at their desks”
Taxidermists can work wonders- I am not sure death will get them off the court.
* * *
Behold the Zombie Apocalypse.
The dead hand of FDR is still at work.
I read months ago that Kennedy had not hired any new clerks.
Looks like…. YES!
Looks like he wants to secure his “constitutional legacy” before he is faced with another touchy-feely case that forces him to upend the Bill of Rights again.
There are at least 3 posts up on NRO at the moment; haven’t read all of them yet.
Let’s hope Trump gets another Thomas or Scalia past the Senate.
Ed Whelan may be overly optemistic; I suspect the Dems will drag this out as long as they can, unless threatened with something really fierce by McConnell.
Heh.
https://www.nationalreview.com/bench-memos/justice-kennedy-retires/
“I’d guess that President Trump will announce his nominee in mid- or late July. The Senate Judiciary Committee hearing could take place in late August (the Senate is set to remain in session in August), with a final Senate vote in early or mid-September. That would enable the new Justice to be on board in plenty of time for the Court’s next term, which opens on October 1.”
Hah. Jack Crowe reminds us that, in order to prevail, the Dems have to get at least past the mid-terms and also upset some GOP senators .
https://www.nationalreview.com/news/anthony-kennedy-retiring-trump-second-scotus-pick/
“Holding a 51-seat majority in the Senate, Republicans ostensibly have the votes to withstand Democratic opposition due to a rule change, advanced last April by Majority Leader Mitch McConnell, which lowered the confirmation threshold for Supreme Court justices from 60 votes to a simple majority.”
This would be a really bad time for McCain to get his maverick dander riled up again, even if he does retire this year.
Reading human predictions is kind of funny. Most of them are wrong.
I don’t make predictions unless I have done the work and received the spiritual verification.