I really relaxed about an AMK retirement once I saw the Court hearing the Wisconsin gerrymandering case, but maybe that's mistaken /1https://twitter.com/lenazwarensteyn/status/878008505927520256 …
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An *appeal* from a 3-judge court comes up on mandatory jurisdiction, meaning a decision not to hear the case IS a decision on the merits /3
If Kennedy retiring, he wouldn't vote to summarily affirm because that would be a mess-lower court right but no one knows why /4
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And he wouldn't vote to summarily reverse, assuming he still wants to leave the door open for a standard to judge these claims /5
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So maybe he'd vote to hear the case, even knowing his retirement could leave a 4-4 split if no replacement named in time /6
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And with McConnell in charge of Senate, they'd likely get a Kennedy replacement through Senate and on
#SCOTUS in months, so 4-4 unlikely /7 -
So this is not to say AMK will retire, but it is to say that 5 votes to set case for argument probably doesn't mean much 8/8
End of conversation
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