# Justice Kennedy retiring

**URL:** <https://boards.straightdope.com/t/justice-kennedy-retiring/816857>\
**Category:** The BBQ Pit\
**Created:** [June 27, 2018, 6:14pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857 "2018-06-27T18:14:18Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![psychobunny](https://avatars.discourse-cdn.com/v4/letter/p/54ee81/32.png) [@psychobunny](https://boards.straightdope.com/u/psychobunny)\
**Post date:** [June 27, 2018, 6:14pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/1 "2018-06-27T18:14:18Z")

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We are all screwed.

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**Author:** ![Rysto](https://avatars.discourse-cdn.com/v4/letter/r/ecccb3/32.png) [@Rysto](https://boards.straightdope.com/u/Rysto)\
**Post date:** [June 27, 2018, 6:32pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/2 "2018-06-27T18:32:19Z")

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I’m sure I speak on behalf of all American progressives when I say, Thank God Hillary won’t be choosing his replacement.

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**Author:** ![storyteller0910](https://avatars.discourse-cdn.com/v4/letter/s/ecae2f/32.png) [@storyteller0910](https://boards.straightdope.com/u/storyteller0910)\
**Post date:** [June 27, 2018, 6:34pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/3 "2018-06-27T18:34:41Z")

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In a way I can’t describe, I just felt my hope - like, literally all of it - die. That’s the game.

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**Author:** ![Delicious](https://avatars.discourse-cdn.com/v4/letter/d/dbc845/32.png) [@Delicious](https://boards.straightdope.com/u/Delicious)\
**Post date:** [June 27, 2018, 6:46pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/4 "2018-06-27T18:46:10Z")

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Oh it’ll be fine, Trump could nominate a liberal…or have a stroke.

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**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:** [June 27, 2018, 6:52pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/5 "2018-06-27T18:52:10Z")

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> [@Delicious](#):
>
> …or have a stroke.

Any Pence-chosen nominee could only be as right-wing as Trump’s, if not even more so.

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**Author:** ![DJ\_Motorbike](https://avatars.discourse-cdn.com/v4/letter/d/90ced4/32.png) [@DJ\_Motorbike](https://boards.straightdope.com/u/DJ_Motorbike)\
**Post date:** [June 27, 2018, 6:59pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/6 "2018-06-27T18:59:47Z")

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SDMB on suicide watch.

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**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\
**Post date:** [June 27, 2018, 7:01pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/7 "2018-06-27T19:01:14Z")

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> [@storyteller0910](#):
>
> In a way I can’t describe, I just felt my hope - like, literally all of it - die. That’s the game.

While I completely understand the feeling, if the future of the republic depended on one of two major parties never being able to put up more than one Supreme Court Justice before coming to its senses, we were doomed anyway.

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**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\
**Post date:** [June 27, 2018, 7:17pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/8 "2018-06-27T19:17:47Z")

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Further, given recent rulings, and the timing, I’m honestly wondering if Kennedy was (or ever could be trusted to be, really) on the “right” side.

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**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\
**Post date:** [June 27, 2018, 7:23pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/9 "2018-06-27T19:23:08Z")

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Kennedy was on the wrong side of many idiotic 5-4 decisions. He also prevented a few, so it’s a mixed bag. He was a libertarian moderate, certainly not a liberal.

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**Author:** ![Pippers](https://avatars.discourse-cdn.com/v4/letter/p/b5a626/32.png) [@Pippers](https://boards.straightdope.com/u/Pippers)\
**Post date:** [June 27, 2018, 7:24pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/10 "2018-06-27T19:24:03Z")

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If the conservatives get too out of control we always have the option of a revolution. @Leaper - I don’t think Kennedy could ever be trusted.

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**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [June 27, 2018, 7:24pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/11 "2018-06-27T19:24:48Z")

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Trump now has the opportunity to do as big a service to his country as he did when he nominated Gorsuch. Here’s hoping he succeeds in finding a Justice as good.

Also looking forward to the wails of anguish, and instantaneous flip-flops by Dems from “the Senate HAS to act” to “OK - we didn’t mean it - at least wait until after the mid-terms” and if they bring it off to “OK - at least until after the next election”

Thanks to Justice Kennedy for his service, of course. Maybe one of the remaining liberal Justices will have a public melt-down at the prospect of being outvoted 6-3 for the next ten years, and retire to spend more time with her remaining arteries.

Regards,  
Shodan

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**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:** [June 27, 2018, 7:29pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/12 "2018-06-27T19:29:54Z")

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> [@Leaper](#):
>
> Further, given recent rulings, and the timing, I’m honestly wondering if Kennedy was (or ever could be trusted to be, really) on the “right” side.

You know you’re the middle justice when both sides can’t “trust” you to cast the “correct” vote.

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**Author:** ![andros](https://avatars.discourse-cdn.com/v4/letter/a/e480ec/32.png) [@andros](https://boards.straightdope.com/u/andros)\
**Post date:** [June 27, 2018, 7:32pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/13 "2018-06-27T19:32:01Z")

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> [@Shodan](#):
>
> Trump now has the opportunity to do as big a service to his country as he did when he nominated Gorsuch. Here’s hoping he succeeds in finding a Justice as good.

I just attempted an experiment: I sent my stupid-as-fuck basset hound out to bring back a better potential Justice than Gorsuch, and she dragged home a half-chewed beanie baby covered in cat shit.

So yeah, if my dog can manage it, it’s remotely _possible_ Trump can.  
.

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**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\
**Post date:** [June 27, 2018, 7:32pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/14 "2018-06-27T19:32:23Z")

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And just think: Ginsburg is right behind him.

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**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\
**Post date:** [June 27, 2018, 7:36pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/15 "2018-06-27T19:36:00Z")

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> [@Shodan](#):
>
> Also looking forward to the wails of anguish, and instantaneous flip-flops by Dems from “the Senate HAS to act” to “OK - we didn’t mean it - at least wait until after the mid-terms” and if they bring it off to “OK - at least until after the next election”

As per usual, you misunderstand the issue.

First, this isn’t actually going to happen.

Second, the sentiment behind it isn’t because democrats suddenly realized that they could obstruct and try to delay the nomination, coming to the exact same conclusions the republicans did over Garland (of course, they would, both sides are just as bad no matter what, right?), but rather because the other side already introduce the idea of “we should wait until after the election” and therefore it’s fair game to use their own logic against them.

If the democrats try that tactic, and the republicans declare it invalid, it will be the republicans being hypocritical, not the democrats. They were the ones who introduced and executed this idea. The democrats, if they did such a thing (which they won’t) would only be trying to play by the same rules the republicans forced upon us.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [June 27, 2018, 7:38pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/16 "2018-06-27T19:38:09Z")

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> [@andros](#):
>
> I just attempted an experiment: I sent my stupid-as-fuck basset hound out to bring back a better potential Justice than Gorsuch, and she dragged home a half-chewed beanie baby covered in cat shit.
> 
> So yeah, if my dog can manage it, it’s remotely _possible_ Trump can.  
> .

I don’t agree at all with your assessment I think Gorsuch has done a fine job, and I suspect when you say “better,” you simply mean “more likely to deliver results I want.”

In contrast, I mean “More likely to delivers results derived from the text of the canon being applied.”

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [June 27, 2018, 7:40pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/17 "2018-06-27T19:40:38Z")

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> [@Bricker](#):
>
> I suspect when you say “better,” you simply mean “more likely to deliver results I want.”

Take the mirror down.

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**Author:** ![BlankSlate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/blankslate/32/80_2.png) [@BlankSlate](https://boards.straightdope.com/u/BlankSlate)\
**Post date:** [June 27, 2018, 7:41pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/18 "2018-06-27T19:41:46Z")

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I’m glad we’re done pretending that the supreme court is anything more than another political branch of government. Interpreting the constitution? Yeah, no.

On a related note, have you ever wondered just how stupid **Hurricaneditka** is? From the Kennedy GD thread, in response to an ironic post about Garland’s nomination:

> [@Kennedy Retiring from SCOTUS](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/49):
>
> [His nomination expired early last year](https://www.wsj.com/articles/president-obamas-supreme-court-nomination-of-merrick-garland-expires-1483463952). If you (or he) are still waiting, it’s because you don’t understand how the process works.

That fucking stupid.

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**Author:** ![Chefguy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chefguy/32/138_2.png) [@Chefguy](https://boards.straightdope.com/u/Chefguy)\
**Post date:** [June 27, 2018, 7:44pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/19 "2018-06-27T19:44:36Z")

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I look forward to Justice Rudy’s rulings.

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**Author:** ![andros](https://avatars.discourse-cdn.com/v4/letter/a/e480ec/32.png) [@andros](https://boards.straightdope.com/u/andros)\
**Post date:** [June 27, 2018, 7:47pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/20 "2018-06-27T19:47:50Z")

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> [@Bricker](#):
>
> I don’t agree at all with your assessment I think Gorsuch has done a fine job, and I suspect when you say “better,” you simply mean “more likely to deliver results I want.”

As long as we’re suspecting, I could suspect that you give him a pass because he’s more likely to give _you_ the results _you_ want. I’m willing to concede that I am \*somewhat \*biased in my direction if you’ll do the same. 😃

But in all sincerity, my biggest issue with Gorsuch lies elsewhere:

> [@](#):
>
> In contrast, I mean “More likely to delivers results derived from the text of the canon being applied.”

I entirely disagree. I believe Gorsuch is only slightly more a textualist than my aforementioned idiot dog. Rather, he hides behind originalism when it suits him, and gracelessly abandons it when it does not. I similarly pulled my hair out about Scalia’s waffling.

Hell, as odious as I find him personally and philosophically, at least Thomas is _consistent_. To numerous faults.  
.

[Next page](https://boards.straightdope.com/t/justice-kennedy-retiring/816857.md?page=2)
