Supreme Court Retirement Talk Focuses on Pivotal Justice Kennedy

The primary concern with a so-called swing to the right on the Supreme Court would be a woman’s right to choose an abortion.

 

 

The same can be said for the 2nd Amendment with a swing to the left.

Let’s not forget that Ruth Bader Ginsburg at 84 may be running out of gas.

who ignored increasing calls for her retirement during the Obama administration to avoid the prospect of the flipping of her seat from a liberal to a conservative member.

That gamble — whatever calculation — could now cost a sweeping number of key cases hanging by a 5-4 margin, including much of the precedent built around Roe v. Wade, if not an outright overturning of that decision.

Some of the smartest people can stay too long in a game on the assumption that they can gain more with time.

A very interesting video below!

 

The country needs a Supreme Court made up of more people like its newest jurist Neil Gorsuch who will look at each case individually and decide on its merits based on the original Constitution and Bill of Rights.

We don’t need more people like Ginsburg, Sotomayor, and Kagan who adjudicate from the bench.

Want to create an uproar in the country?

Outlaw Roe V Wade.

I’m pro-life but my background in medicine at LA County U.S. C. Medical Center observing women being treated for sepsis, some who died following illegal abortions makes me firmly believe that if a woman wants an abortion, she will find a way to obtain one.

IMHO this is a decision that must be left to the woman and her husband and physician.

I do not believe in third-trimester abortions unless the fetus has died in utero, i.e. fetal demise.

Then we have Ruth Bader Ginsburg who should have retired during the Obama Administration, early on so that he could have picked her replacement.

 

That would have been the time to submit the name of Judge Merrick Garland as a candidate for the bench.

 

April 14, 2017
  • 80-year-old Kennedy is keeping quiet on whether he’ll step down.

 

  • Trump appointment would create a solid conservative majority.

 

U.S. Supreme Court Associate Justice Anthony Kennedy administers the judicial oath to Judge Neil Gorsuch as President Donald Trump looks on during a ceremony in the Rose Garden at the White House on April 10, 2017, in Washington, DC.Photographer: Chip Somodevilla/Getty Images

Justice Anthony Kennedy reclaimed his position as the man in the middle of the U.S. Supreme Court when he swore in Neil Gorsuch, his former law clerk, as the newest justice.

The question is whether Kennedy wants to keep that pivotal role in close decisions for longer than a few more months.

Long before Gorsuch took his oath of office Monday, speculation was swirling that Kennedy might retire at the end of the term.

President Donald Trump’s aides are preparing for the prospect of a new nomination while liberals brace for what could be a seismic shift on the court.

By selecting Kennedy’s successor, Trump could finally create the five-member majority that legal conservatives have envisioned for decades — one that might overturn long-standing precedents including the 1973 Roe v. Wade abortion rights ruling.

“Kennedy leaving and being replaced by a Trump pick will almost certainly move the court to the right and perhaps make the court the most conservative court we have had since the 1930s,” said Neal Devins, a William & Mary Law School professor who is co-writing a book on the court and its partisan divisions.

Kennedy has given no public indication of his plans, but he has drawn attention with a handful of semi-private scheduling decisions.

Perhaps most significantly, his next law clerk reunion will take place during the last weekend of June, offering the possibility that he will spring a piece of news on the gathering.

QuickTake on the U.S. Supreme Court

The timing is noteworthy because previous Kennedy reunions took place every five years, and this one comes four years after the 2013 event. In addition, it’s taking place at the end of June, just as the term concludes, rather than in mid-June like previous reunions.

Supreme Court spokeswoman Kathy Arberg said in an email the late-June weekend was chosen “because it works best with the Justice’s schedule.”

In November, she told the blog abovethelaw.com that Kennedy’s law clerks wanted to hold the reunion at the end of this term to mark his 80th birthday, which was last July.

Kennedy also moved more slowly than he had in earlier years to hire his law clerks.

He has now hired a full slate of four clerks for the term that starts in October, Arberg said.

 

See the entire article below.

 

Sense of Timing

Justices typically align their retirement plans with the end of the term in late June, though the timing of the announcement itself varies. The two justices who retired during Barack Obama’s presidency, David Souter and John Paul Stevens, announced their plans a couple of months before the end of the term. Justice Sandra Day O’Connor waited until the last opinions were released in 2005.

One former Kennedy clerk said in an interview he thinks the justice will probably retire at the end of the term. Others say he may stay another year given the extraordinary power he wields. The former clerks declined to speak for attribution.

Kennedy is a 1988 Ronald Reagan appointee who got the nod after the president’s first two choices, Robert Bork and Douglas Ginsburg, failed to win confirmation. Bork lost a Senate vote and Ginsburg withdrew after the revelation that he had smoked marijuana while a professor at Harvard Law School.

Reaffirming Abortion Right

Kennedy disappointed many of his backers in 1992, when he co-wrote an opinion reaffirming the constitutional right to abortion. He is a champion of gay rights who wrote the 2015 ruling that legalized same-sex marriage nationwide.

At the same time, he voted to overturn Obama’s health-care law and wrote the 2010 Citizens United ruling, which opened the way for new campaign spending.

Republicans hold a 52-48 advantage in the Senate so they could confirm the next Trump nominee without any Democratic support. Even so, Kennedy’s position in the court’s center means the confirmation fight could be even fiercer than the battle over Gorsuch.

“The campaign against a judicially conservative nominee to replace Justice Kennedy would be ferocious,” said Rick Garnett, a constitutional law professor at the University of Notre Dame’s law school. “Senators who are up for re-election in 2018 will almost certainly be unable to avoid well-funded and tireless efforts to elevate the political salience of their votes on the nominee.”

Kennedy is one of three justices age 78 or older, along with Justices Ruth Bader Ginsburg and Stephen Breyer, two Democratic appointees are seen as less likely to retire during Trump’s administration.

Supreme Clerk

Gorsuch’s arrival marks the first time a former law clerk has served as a justice alongside his former Supreme Court boss. Another former Kennedy clerk, federal appeals judge Brett Kavanaugh, was in the White House Rose Garden as Gorsuch took the oath.

The New York Times and Politico have mentioned Kavanaugh as a candidate to succeed Kennedy, although the judge wasn’t on the list of 21 prospective justices Trump released during the campaign.

At the White House, Trump called Kennedy “a great man of outstanding achievement” while glossing over the criticism his opinions have drawn from both sides of the political divide.

“Throughout his nearly 30 years on the Supreme Court, Justice Kennedy has been praised by all for his dedicated and dignified service,” Trump said. “We owe him an enormous debt of gratitude, and I am honored that he is with us today.”

 

THE END

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