I’m more than a little disturbed by the stories I’m hearing that Kavanaugh was already picked as Kennedy’s replacement before Kennedy even announced his retirement, and the whole “search” for a new justice was a sham. But I don’t know if that’s any better or worse than Trump just picking the next name off a list handed to him by a bunch of religious conservatives. We’re pretty much screwed either way.
It would not really disturb me that a President may have proactively identified at least a short list to replace a Justice if/when needed. I mean I’d expect the short list to be on the side of the President’s politicsl alignment anyway. Considering the Current Occupant’s reputation for from-the-hip (or somewhere near there) decision-making…
I might be concerned if there were any evidence besides hearsay and rumors to back that up. That’s a conspiracy theory. But, if true, I believe it benefits the left more than the right, since it means Kennedy would not retire if he thought he was going to be replaced by a right-wing nutjob.
For me Conservative vs Liberal is not the issue. I am glad to see an Originalist nominated and I hope he is confirmed.
Given the importance and potential immediacy of the decision I would be disturbed if any administration wasn’t 85% sure who the top two or three picks are at all times.
There are several problems with this theory that is floating around:
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It would be terribly unethical for Kennedy to suggest such a thing and he would not do it for that reason alone.
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Even if he did, there is no enforcement power to his “deal.” What’s he going to do, go on CNN and whine that Trump broke the deal? Sue him in court?*
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Trump would be under no pressure to take the deal anyways. Sure, Anthony, you’re 81 and want to spend your remaining years playing with the grandkids, but will only do it if I agree to your terms? Nah, to hell with the grandkids; they won’t miss you anyways while you waste away for the next 5 to 10 years in Washington.
When you are on your deathbed, you can go to heaven knowing that you picked screwing over conservatives (which you nominally are one) over spending time with the family.
*Of course this raises an interesting question, possibly for another thread, is it possible to rescind a resignation from the Supreme Court? Kennedy’s resignation is not effective until July 31. Could he write Trump back and say that the more he thinks about it, the more he wants to stay?
Rebuttal, Der Trihs?
Brett seems like a very officious name and not a very judicious name.
The last name of the retiring justice and the replacement justice both begin with “K” so konsistancy is kept.
The statement was actually from 2008, before the election, when Bush was still in office.