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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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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I’m not sure I have the stomach to read it.
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