I have now heard arguments that the recent punts by Justice Kennedy and the Court in Masterpiece and gerrymandering mean he IS and that he IS NOT going to retire at the end of this term. Some thoughts /1
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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
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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
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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
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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
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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
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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?
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Here's a Q: I hate the filibuster, but given the likes of Manchin, Heitkamp, Donnelly, if Dems win a 1 or 2 vote majority in Senate, should progressives vote to reinstate it for SCOTUS picks (IMO this is only acceptable if leadership pledges to kill it again once Trump is gone).
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If they had a majority couldn’t Schumer just sit in the nominee?
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The seat has Judge Pryor’s name on it already
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