Thanks for the placement, @slate!pic.twitter.com/1hinx6euAQ
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Lots of folks pushing back on my prediction about a Kennedy retirement tomorrow. Let me just say this: I very much hope I am wrong. (And that I'll be on a plane tomorrow when the news would break and so I won't be able to immediately respond to the told-you-sos)
How’s my chance to be proven wrong in real time. I hope I am!
He's not powerless. He had all the power. These were the choices he made.
Why not go out in a blaze of principled stands instead of standing with the destruction of our nation?
The disharmony today between Kennedy's decisive vote to uphold an Islamaphobic travel ban, and his concurrence in NIFLA lecturing his home state for authoritarianism in trying to protect the exercise of a constitutional right of choice, would be the sourest last notes ever.
.@rickhasen I look fwd to reading this. Some might say Kennedy has tied his own hands. Not sure what to do with someone who frets over Trump's anti-Muslim remarks, then votes w/ the majority to uphold the Muslim ban. Are conservative justices taking his lunch money or something?
he's given up. not saying we should. but the odds that we pull this thing out of the fire are bleaker than ever before. ("Never tell me the odds!!" bleak, in fact.) we should prepare for the fact that some "allies" will cut the rip cord and try to just blend in.
What do you mean "pull this thing out of the fire"? Do you have a particular Supreme Court decision in mind? Or maybe the upcoming midterms? Or being loud & active enough to stop some of the most egregious stuff Trump does? We're in a fucked-up place, that's for sure.
do I have something in mind? yes. Republicans just confirmed judges who wouldn't support Brown v. Board of Education. we know they're coming for Roe v. Wade. VRA is already gutted. oh, and they just entrenched racial gerrymandering. so the Civil Rights Act isn't safe either.
Let me more specific: how do you picture "pulling this thing out of the fire"?
IDK! winning elections?! of course that was before Kennedy threw the towel in. I certainly don't have a good plan for coming back from a 6-3 or 7-2 Republican majority when they, literally, just showed their willingness to play Calvinball with SCOTUS decisions (past and present)!
Ok, gotcha. The wording just sounded a bit like you had something particular in mind. I don't know what Calvinball is; I assume it's from the comic strip. But I get the gist. We're totally fucked for decades to come it seems when it comes to the courts. Very depressing.
He is the jurist expect it to retire
For all your examples referring to Kennedy siding with the majority, he was the one who made the majority. Sorry. Your point seemed obscure.
I just had a chance to read Whitford in full. Seems hard to believe Kagan would so obviously and expressly play to him in her concurrence if she knew he was about to retire. (Assuming she knew/knows, of course.)
It’s impossible to be powerless if you are THE swing vote. If he is retiring, him going out with a whimper is very sad.
Or....he is actually following the Constitution?
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