At the risk of having the readers at our site call for my head, I suggest the President Trump put up a moderate nomination in Justice Kennedy’s vein so that we can assure a “Representative Constitutionally Driven Democracy.”
Kennedy’s judicial philosophy is at the intersection of the liberal court and conservative court; however, although he occasionally sides with the more liberal justices in close cases he is considered to be a member of the more conservative wing of the Court. Justice Kennedy was nominated to the bench by President Ronald Reagan and took office on February 18, 1988.
As the current court’s swing vote, Justice Kennedy has decided many of the court’s most controversial cases.
Recently, Justice Kennedy provided the fifth vote in Florence v. Board of Chosen Freeholders of the County of Burlington where the majority held that jail strip searches before admission into the general prison population for a person convicted of a minor offense does not require reasonable suspicion.
He also provided the fifth vote in: District of Columbia v. Heller, which struck down DC’s ban on handguns, Citizens United v. FEC, which struck down portions of the McCain-Feingold Act that limited corporate funding of political broadcasts within 60 days of a general election or 30 days of a primary.
In Boumediene v. Bush, a ruling that permitted terrorism suspects at Guantanamo Bay to have a right to challenge their detentions in federal courts.
On the few occasions when Kennedy sides with the liberals on the court, he is assailed by conservatives.
Kennedy receives such attention only because he is the swing justice and is regarded as more responsible for outcomes in controversial cases than the other justices.
Justice Kennedy is not always the swing vote, however, and occasionally finds himself in the dissent even where the court largely divides along liberal and conservative lines (the recent Obamacare decision in National Federation of Independent Business v.
Sebelius is an example).
Supreme Court Justice Kenned carved his niche on the bench as a moderate and often the swing vote. (Source)
There can be little doubt that Obama packed the courts with leftists adjudicators, Sotomayor and Kagan, both who lied during their confirmation hearings.
The both said that the Heller Case, regarding the Second Amendment, were case-law and they would not vote against it.
When given the opportunity to review further gun law Sotomayor voted for the anti-Second Amendment cabal. (Source)
Even worse for Sotomayor, she has gone on record as saying race and gender can be considered by the highest court in the land.
Surprisingly, at least to me, Justice Elana Kagan has voted rather consistently with a more conservative viewpoint. Source: Supreme Court Rulings)
By Jim Geraghty.
May 1, 2017
That would be classic Donald Trump luck: one year or so into his term, he would have appointed one-third of the Supreme Court and already become one of the most consequential (and good for conservatives!) presidents of the modern era.