On the one hand, Justice Kennedy likes to decide things (after lots of agonizing, no doubt). And this year in Masterpiece, in the partisan gerrymandering cases, and more, he has put things off for the future, maybe even next term /2
-
-
Show this thread
-
There's Arlene's Flowers as a follow up to Masterpiece, and the North Carolina redistricting case as a follow up to Gill and Benisek. What's one more year of being the center of attention? /3
Show this thread -
On the other hand, Justice Kennedy turns 82 next month, and rumors that he'd like to retire have circulated for more than a year. If he couldn't figure out partisan gerrymandering after 14 years what would a 15th year do? /4
Show this thread -
Maybe he wants to leave the Court with less rancor so it will be easier to confirm a successor in this Trumpian partisan era. Or maybe he knows there's still a lot of rancor coming in cases like the Janus union case, and he was trying to cut down on rancor. /5
Show this thread -
Either way, he might want to leave the Court at a time of relative peace compared to all-out war. Besides that, there's a non-negligible chance thatSenate flips to the Democrats next year, and so this summer may be the last chance to retire and guarantee he can be replaced. /6
Show this thread -
because I suspect Ds will block a vote on any Trump nominee if they have a majority of at least a few seats (looking at you Joe Manchin as someone Ds couldn't count on here). /7
Show this thread -
And I can't stop thinking that the reason Sen. McConnell cancelled most of the Senate's recess in August is because he knows (or suspects) a SCOTUS nominee is coming. (Though it could be just to cram through more appeals court judges before the Senate may flip.) /8
Show this thread -
So in the end, I vacillate over whether we will see a Kennedy retirement in the next week or so. (Last year I thought a Thomas retirement more likely and I still think he could go if Kennedy stays.) /9
Show this thread -
Things will get very, very bad for the left when Kennedy is gone. Most people do not realize how much worse Supreme Court opinions can get for our democracy and politics. /end
Show this thread -
Another day’s reflection on Kennedy’s absolute refusal to commit in Gill in whether or not courts should police partisan gerrymandering after 14 years of ruminating is that Kennedy is done with the Court and will step down next week
Show this thread -
The silence there is deafening. If he couldn’t get off the pot after 14 years why wait for the chance at a 15 th? Gill was the moment if he wanted it. Teed up just for him
Show this thread -
And what’s with the 9 months between argument and decision in Gill? Likely Kennedy was either vascillating or signing on with Roberts on nonjusticiability or Kagan to police gerrymandering and then pulled back. Why would next term be a better time?
Show this thread -
New conversation -
-
-
My $.02: AMK has best job on earth. He decides the direction of caselaw for a generation. I doubt he has much respect for Trump. He wants to be replaced by a Republican but may not want a FedSoc clone. I think he stays while he can and lets chips fall where they may w replacement
Thanks. Twitter will use this to make your timeline better. UndoUndo
-
-
-
Kennedy has a very high opinion of himself and his position. He loves to wax philosophical. I have trouble seeing him allowing Trump, who he must regard as a horrific person, appointing his successor. Maybe I’m wrong, but it seems unlikely he lets trump replace him.
- 1 more reply
New conversation -
-
-
The strongest sign he IS retiring is McConnell calling off the August recess. I think the WH knows it's coming and needs all the time they can get to confirm a new Justice before the mid-terms.
Thanks. Twitter will use this to make your timeline better. UndoUndo
-
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.