Justice Kennedy Tells October 2018 Clerkship Applicants He's Considering Retirement

[octoberlib]

Justice Kennedy Tells October 2018 Clerkship Applicants He’s Considering Retirement, Right Before 2018 Midterms


Posted on July 2, 2017 4:38 pm by Rick Hasen
Big news hiding in Nina Totenberg’s story on Justice Gorsuch voting 100% with Justice Thomas:

But it is unlikely that Kennedy will remain on the court for the full four years of the Trump presidency. While he long ago hired his law clerks for the coming term, he has not done so for the following term (beginning Oct. 2018), and has let applicants for those positions know he is considering retirement.

Kennedy’s position on the court is more than consequential. In the most hotly contested and closely divided cases, his vote often decides the outcome. With every passing day, it has become more clear that President Trump’s first Supreme Court nominee, Neil Gorsuch, is probably even more conservative than the justice he replaced, Antonin Scalia.

This would put Justice Kennedy’s retirement right before the 2018 midterms, giving the Republican base reasons to turn out and keep the Senate with a Republican majority (already a strong possibility in 2018).

http://electionlawblog.org/?p=93506




I think he'll retire before then so they can get somebody confirmed. Ugh. What a nightmare.

[winstars]

1. Same guy from 2000 election, I mean selection right??? Sure, he will do the right thing. NOT.

Or am I getting my history wrong?

[Catmusicfan]

2. Man...

[Anonymous Bosh]

3. Uh oh...

If true, gonna be crazy in the Senate

[BzaDem]

4. If he's going to retire near the midterms, he would almost certainly retire in June of 2018

which would give Republicans plenty of time to confirm a replacement. It would be political malpractice to wait until the midterms to confirm a replacement.

I suspect that he will indeed retire in June of 2018. The Supreme Court was lost for a generation in November of 2016. Perhaps after a generation of conservative rulings, the Democratic base will become at least as motivated as Republicans to vote in elections with the court in mind.

[octoberlib]

6. Agree. Why would they take the chance? Democrats will also be motivated to

turn out if he waits.

[Not Ruth]

5. Is this credible?

Because this should be leading the US news

[octoberlib]

7. Ask Nina Totenberg . I assume she has good sources.

Nina TotenbergVerified account
@NinaTotenberg
NPR Legal Affairs Correspondent https://twitter.com/NinaTotenberg


or Rick Hasen

Rick HasenVerified account
@rickhasen
Professor of Law and Political Science at UC Irvine; Election Law Blogger.

[Chasstev365]

8. Shut down the government and do whatever it takes to resist Trump getting another pick

until Merrick Garland is put on the court.

Do you hear me McConnell? The treasonous Republicans cannot be allowed to get away with the shit they've pulled, PERIOD!

It still kills me that there was not enough of a fight and the Koch Brothers must have laughed their asses off.

[SunSeeker]

9. Fuck. Obama only got to appoint 2 justices in 8 years.

Now Trump will get to appoint 2 in less than 1 year.

[Not Ruth]

12. That was less Obama's doing than the doing of the justices that could have retired

[SunSeeker]

15. And Repubublicans stealing an appointment from him. nt

[a kennedy]

10. We are so screwed........

[CK_John]

11. IMO, we will see the retirement of Thomas and Roberts before Kennedy..

[Not Ruth]

13. Do you mean that Thomas and Roberts will also retire before the 2018 midterms?

Because that would definitely lead the US news

[CK_John]

16. Note, IMO.

[Yo_Mama_Been_Loggin]

14. But Hillary's e-mails

[roamer65]

17. Get used of the phrase "nullification".

It's already happening and will become more prominent as things get worse.

[oberliner]

18. This will make it all worthwhile for them

That's why they let Trump do and say whatever he wants. The Supreme Court. And he knows it.

[Not Ruth]

19. Not seeing this in the headlines

[octoberlib]

20. It probably won't make the headlines until

he actually retires . He's just "thinking about it" now. He's under massive pressure from the GOP to retire so it'll be interesting to see how long he can hold out.