Justice Kennedy Tells October 2018 Clerkship Applicants He is Considering Retirement

Justice Kennedy Tells October 2018 Clerkship Applicants He’s Considering Retirement, Right Before 2018 Midterms
http://electionlawblog.org/?p=93506

WOW this is massive news and the fact that he will most likely retire at the end of June next year would put us 5 months away from the 2018 midterm elections.

I wrote the following a week ago:

My brother made a great point! Maybe we are better off with Justice Kennedy announcing that he will be coming back for just one year and will retire at the end of the summer session in June 2018. This will cause our base to come out in droves to preserve our majority in the Senate (which will happen regardless) but it also would have tremendous benefits for our majority in the House.

From the article linked above:

Big news hiding in Nina Totenberg’s story on Justice Gorsuch voting 100% with Justice Thomas:

But it is unlikely that Kennedy will remain on the court for the full four years of the Trump presidency. While he long ago hired his law clerks for the coming term, he has not done so for the following term (beginning Oct. 2018), and has let applicants for those positions know he is considering retirement.

Kennedy’s position on the court is more than consequential. In the most hotly contested and closely divided cases, his vote often decides the outcome. With every passing day, it has become more clear that President Trump’s first Supreme Court nominee, Neil Gorsuch, is probably even more conservative than the justice he replaced, Antonin Scalia.

This would put Justice Kennedy’s retirement right before the 2018 midterms, giving the Republican base reasons to turn out and keep the Senate with a Republican majority (already a strong possibility in 2018).

 

One of the final 3 candidates to replace Justice Scalia was Thomas Hardiman.

http://time.com/4650544/supreme-court-nominees-donald-trump/

From the article linked above:

Hardiman is known for protecting gun rights and taking an originalist approach to Second Amendment cases.

However, the man that will cause some to literally commit suicide if he is the ultimate choice is William Pryor. He also was one of the final 3 candidates to replace Justice Scalia.

https://www.washingtonpost.com/national/pryor-perhaps-the-most-polarizing-supreme-court-justice-possibility/2017/01/28/f25bb7e2-e4ae-11e6-ba11-63c4b4fb5a63_story.html?utm_term=.44e4b6bf77fa

From the article linked above:

Pryor is perhaps the most polarizing figure of the potential nominees, with some groups thinking he leans too far right

When President George W. Bush nominated him to his current post in 2003, Senate Democrats refused to allow Pryor’s confirmation, calling him an “extremist,” citing his position on both Roe v. Wade and Lawrence v. Texas as examples.

Pryor, 54, has been an especially outspoken critic of abortion rights, calling Roe v. Wade “the worst abomination of constitutional law in our history.”

 

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