# Anthony Kennedy to retire this year? **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [May 2, 2017, 12:34pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709 "2017-05-02T12:34:08Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [May 2, 2017, 12:34pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/1 "2017-05-02T12:34:08Z")
CNN [yesterday](http://www.cnn.com/2017/05/01/politics/justice-anthony-kennedy-retirement-rumors/) ran a story on the increasing buzz surrounding Justice Kennedy’s supposed plans to retire this summer: > [@](#): > > Friends and associates believe Kennedy is seriously considering retirement. In general, the burdens of age and demands at the court weigh in one direction. His deep interest – and leading role – in America’s constitutional democracy weigh in the other. > > Replacing staunch conservative Justice Antonin Scalia with the likeminded 49-year-old Gorsuch may not change the direction of the court. The political and legal stakes, however, would be dramatically higher if Trump has the opportunity to fill Kennedy’s seat. Kennedy, a centrist conservative, has cast a key vote for gay marriage, abortion rights, affirmative action, and fair housing law. > > Kennedy controls the outcome of cases like no other justice in more than a decade. With four conservatives to his right, four liberals to his left, he often holds the decisive vote on business and regulatory matters as well. This was serious enough for Washington Post columnist Ruth Marcus to write [If you’re reading this, Justice Kennedy, please don’t retire](https://www.washingtonpost.com/opinions/if-youre-reading-this-justice-kennedy-please-dont-retire/2017/02/03/d3a039e6-ea3e-11e6-bf6f-301b6b443624_story.html?utm_term=.6e99ec6f4fa6): > [@](#): > > This is a column on a subject of broad public interest but with a single reader in mind: Justice Anthony M. Kennedy. Justice Kennedy, if you’re reading this, my message is simple: _Please don’t retire_. It could put your legacy at risk; even more, it would be terrible for the country at a moment that demands healing, not another bitter fight ripping at the seams of national unity. > > It’s natural, of course, that stepping down would be on your mind. At 80, you are the court’s longest-serving justice — 29 years this month. Appointed by a Republican president, you might decide that a Republican president should have the chance to name your successor. > > _Please don’t._ I was not a supporter of Candidate Trump, but I believed his list of Supreme Court nominees was an outstanding one. Assuming he continues to draw names from it to replace Justice Kennedy, I’m all for a President Trump-nominated replacement for Justice Kennedy, especially in light of the no-filibuster battleground we now have. Democrats, in the minority in the Senate, have essentially no legislative options to derail a Trump-nominated replacement’s confirmation. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [May 2, 2017, 12:45pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/2 "2017-05-02T12:45:08Z")
Here’s hoping he and Ginsberg both go on to a happy and fulfilling retirement, and Trump replaces them both with Justices who are more conservative than Gorsuch. Regards, Shodan ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 2, 2017, 1:07pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/3 "2017-05-02T13:07:33Z")
Judicial witnessing? What’s the debate? ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [May 2, 2017, 1:23pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/4 "2017-05-02T13:23:41Z")
> [@John\_Mace](#): > > Judicial witnessing? What’s the debate? Can I hear an unfilibustered amen? I was hinting that were the filibuster still present, its use against a strongly conservative replacement might well have gained political traction. But that’s debatable. See what I did there? ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [May 2, 2017, 1:42pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/5 "2017-05-02T13:42:27Z")
Whats to say the Republicans would not have set it aside to get their man in ala Gorsuch anyway, even if they had not decided to filibuster Gorsuch. BTW, **Bricker** , from one lawyer to another, how do you decide if a nominee is “outstanding?”. Judicial Philosophy? Party affiliation? Currently, a Judge already? 🙂 ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 2, 2017, 1:50pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/6 "2017-05-02T13:50:46Z")
> [@Bricker](#): > > Can I hear an unfilibustered amen? > > I was hinting that were the filibuster still present, its use against a strongly conservative replacement might well have gained political traction. But that’s debatable. > > See what I did there? The filibuster was a goner, if not this time, then the next. Not a prayer of survival. 😉 ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 2, 2017, 2:16pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/7 "2017-05-02T14:16:06Z")
Reading that Washington Post article by Marcos, she seems to be \*objecting \*to the idea that a court shouldn’t use judicial activism. Also, at what point \*would \*people like her want Kennedy to retire? Major illness? Wanting to spend last few years with family? ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [May 2, 2017, 2:33pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/8 "2017-05-02T14:33:06Z")
> [@Velocity](#): > > Also, at what point \*would \*people like her want Kennedy to retire? Major illness? Wanting to spend last few years with family? When a Democrat is president again, obviously. ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [May 2, 2017, 2:33pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/9 "2017-05-02T14:33:59Z")
> [@Bricker](#): > > This was serious enough for Washington Post columnist Ruth Marcus to write [If you’re reading this, Justice Kennedy, please don’t retire](https://www.washingtonpost.com/opinions/if-youre-reading-this-justice-kennedy-please-dont-retire/2017/02/03/d3a039e6-ea3e-11e6-bf6f-301b6b443624_story.html?utm_term=.6e99ec6f4fa6). A CNN story in May prompted Marcus to write that in February? 😃 ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [May 2, 2017, 2:43pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/10 "2017-05-02T14:43:44Z")
I wonder what people are really asking for when they say they want “conservative” justices on the Supreme Court. I know they’ll play lip service to concepts like “judicial restraint” and respect for the constitution. But what cases would they like decided differently? _Kelo_? _Heller_? _Obergefel_? Personally, I think the Justices should stop making up limits on punitive damages that appear nowhere in the Constitution. As Justice Scalia wrote: > [@](#): > > The Constitution provides no warrant for federalizing yet another aspect of our Nation’s legal culture (no matter how much in need of correction it may be), and the application of the Court’s new rule of constitutional law is constrained by no principle other than the Justices’ subjective assessment of the “reasonableness” of the award in relation to the conduct for which it was assessed. So, to use our friend \*\*Shodan \*\*as an example, when he says this: > [@](#): > > Here’s hoping he and Ginsberg both go on to a happy and fulfilling retirement, and Trump replaces them both with Justices who are more conservative than Gorsuch. What is it that these “more conservative” justices are supposed to do to make America great again? ---
**Author:** ![ataraxy22](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ataraxy22/32/307_2.png) [@ataraxy22](https://boards.straightdope.com/u/ataraxy22)\ **Post date:** [May 2, 2017, 2:49pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/11 "2017-05-02T14:49:01Z")
An unpopular decision by a conservative SCOTUS will result in a massive popular resistance movement and an overall shitstorm. We’re not going back in time. Careful what you wish for. Sent from my SM-G930V using Tapatalk ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [May 2, 2017, 2:57pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/12 "2017-05-02T14:57:38Z")
More of MPSIMS than a debate. Moving thread there. [/moderating] ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [May 2, 2017, 3:06pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/13 "2017-05-02T15:06:22Z")
> [@Procrustus](#): > > So, to use our friend \*\*Shodan \*\*as an example, when he says this: > > What is it that these “more conservative” justices are supposed to do to make America great again? Decide cases based on what the Constitution says, rather than on what they think is a good idea. > [@](#): > > But what cases would they like decided differently? Kelo? Heller? Obergefel? Any case which was decided on what the Justices thought was a good idea, instead of what the Constitution said. _Kelo_ is a good example - the Constitution mentions taking private property for a public purpose, and the case in question was the government forcing owners of private property to sell to another private party, not for any public purpose. _Heller_ is not, because the Constitution mentions the right of the people to keep and bear arms, and people are people. _Obergefel_ is a good example, because the Court didn’t like the law that defined marriage so they made up a new one. _Roe v. Wade_ , of course, is the big one - the Court didn’t even pretend the Constitution addressed the issue, but made up some emanations and penumbrae and based their decision on that. “Conservative” means, basically, “textualist”. And also “legislators make laws, not judges”. It’s not really a question of “you don’t like the outcome so you call it judicial activism”. I am pro-choice, and have no issue with gay marriage, had either been established by legislation rather than judicial fiat. Regards, Shodan ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [May 2, 2017, 3:10pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/14 "2017-05-02T15:10:53Z")
> [@Shodan](#): > > It’s not really a question of “you don’t like the outcome so you call it judicial activism”. I am pro-choice, and have no issue with gay marriage, had either been established by legislation rather than judicial fiat. > > Regards, > Shodan I’ve heard this, but I’m not sure it explains the \*passion \*with which many seek a more conservative court. “They’re doing things I don’t mind in a way I disapprove of” isn’t much of a rallying cry. My theory is it all comes down to a fear of gun legislation being upheld, but I could be wrong. (that’s why I’m asking) ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 2, 2017, 3:14pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/15 "2017-05-02T15:14:24Z")
> [@Procrustus](#): > > I’ve heard this, but I’m not sure it explains the \*passion \*with which many seek a more conservative court. “They’re doing things I don’t mind in a way I disapprove of” isn’t much of a rallying cry. My theory is it all comes down to a fear of gun legislation being upheld, but I could be wrong. (that’s why I’m asking) Guns, abortion, SSM, voter ID, immigration, schools, etc. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [May 2, 2017, 3:25pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/16 "2017-05-02T15:25:01Z")
> [@Velocity](#): > > Guns, abortion, SSM, voter ID, immigration, schools, etc. So, people (conservatives) want: Guns: Legislative restrictions struck down by the court Abortion: Legislative restrictions upheld by the Court SSM: Restrictions upheld by the Court Voter ID: The Voting Rights Act struck down (Congress doesn’t get to legislate) but State ID requirements upheld Immigration: Executive Orders upheld (no legislation required) Schools: I have no idea what conservatives want the Court to do regarding schools. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [May 2, 2017, 3:35pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/17 "2017-05-02T15:35:22Z")
> [@Procrustus](#): > > I’ve heard this, but I’m not sure it explains the \*passion \*with which many seek a more conservative court. I don’t know that conservatives are more passionate about seeking a conservative Court than liberals are about seeking a liberal one. Ask a feminist about the possibility of overturning _Roe v. Wade_ or a Doper about overturning _Obergefel_, and you are not likely to get a uniformly dispassionate examination of the advantages and drawbacks. Regards, Shodan ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [May 2, 2017, 3:41pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/18 "2017-05-02T15:41:16Z")
I think the [most telling indication](http://www.ajc.com/news/national/supreme-court-justice-anthony-kennedy-getting-ready-resign/kiKu48zjVCLq3bdFvYDnfK/) is this: > [@](#): > > Bloomberg News reported last week that “Kennedy has given no public indication of his plans, but he has drawn attention with a handful of semiprivate scheduling decisions. Perhaps most significantly, his next law clerk reunion will take place during the last weekend of June, offering the possibility that he will spring a piece of news on the gathering. The timing is noteworthy because previous Kennedy reunions took place every five years, and this one comes four years after the 2013 event.” I am [reminded of this:](https://www.washingtonpost.com/lifestyle/style/can-she-eat-more-kale-hordes-of-people-want-reassurance-rgbs-health-is-good/2017/02/01/c813b638-e8aa-11e6-bf6f-301b6b443624_story.html) > [@](#): > > On Wednesday morning, liberals woke up, did the math and realized it was time to be concerned about Ruth Bader Ginsburg’s fiber intake. Also bone density. Also exposure to airborne viruses (Madame Justice, what is your flu shot status?), and salmonella, and slippery ice, and also: Has anyone heard how scientists are coming along with a Zika vaccine? > > “I’m very interested in this.” says Jeanette Bavwidinski, a community organizer in Pennsylvania. “I’m interested in what her daily regimen is. Like, what are you all feeding RBG? Is she getting enough fresh air? Is she walking? Is she staying low-stress? What is she reading? Is she reading low-stress things?” > > “Can she eat more kale?” asks Kim Landsbergen, a forest ecologist in Ohio. “Eat more kale, that’s all I can say. We love you. Eat more kale.” Eat more kale, enjoy a long happy life. Retire, rest, think about making a bucket list. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [May 2, 2017, 3:53pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/19 "2017-05-02T15:53:12Z")
> [@Shodan](#): > > I don’t know that conservatives are more passionate about seeking a conservative Court than liberals are about seeking a liberal one. Ask a feminist about the possibility of overturning _Roe v. Wade_ or a Doper about overturning _Obergefel_, and you are not likely to get a uniformly dispassionate examination of the advantages and drawbacks. > > Regards, > Shodan (\*Roe \* has been overturned, at least in regards to the trimester rule. Why do you think _Obergefell_ should be overturned? Or should _Loving_ be as well? ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [May 2, 2017, 3:53pm UTC](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709/20 "2017-05-02T15:53:47Z")
No liberal judge is going to retire and allow their replacement to be selected by Donald Trump. Even if they can’t get out of their hospital bed to stagger in to court, they’re not going to retire. Sure, they won’t be there in court to legislate from the bench, but a zero is better than a minus one. They might die, but given the stakes they’re never going to retire. You think the Supreme Court shouldn’t be a partisan position? Tell that to Justice Garland. The fact is, that stunt by the Senate Republicans means that it’s going to be a very long time before any Democratic Senator will have to pay a price with their constituency for refusing to vote to confirm even otherwise qualified conservative Justices like Gorsuch. [Next page](https://boards.straightdope.com/t/anthony-kennedy-to-retire-this-year/785709.md?page=2)