# Justice Kennedy retiring **URL:** \ **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:** 2
**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, 7:48pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/21 "2018-06-27T19:48:22Z")
> [@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. > > 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 Sure, go ahead and gloat, you worthless fossilized weasel. Real human beings that I love will suffer in real ways for the replacement of a thoughtful justice with a partisan hack, but liberals will be sad so you’ll call it a win. Which makes you a piece of shit, obviously, but you know what you are. ---
**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, 7:48pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/22 "2018-06-27T19:48:51Z")
> [@SenorBeef](#): > > As per usual, you misunderstand the issue. I understand the issue thoroughly. You say IOKIADDI and I don’t. I considered producing the cites where Obama and Biden suggested it, but that’s not really necessary - it’s true whether you believe it or not. > [@](#): > > First, this isn’t actually going to happen. I guess we will see about that. > [@Grrr!](#): > > And just think: Ginsburg is right behind him. One can hope. 7-2 on the side of the Constitution instead of only 6-3 - be still, my heart. Regards, Shodan ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [June 27, 2018, 7:57pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/23 "2018-06-27T19:57:10Z")
> [@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.” > > In contrast, I mean “More likely to delivers results derived from the text of the canon being applied.” I suspect that when you say “more likely to delivers results derived from the text of the canon being applied” you’re lying and you really mean “more likely to deliver results I want.” I mean, [we know you’re a liar](https://boards.straightdope.com/sdmb/showthread.php?p=13662004). ---
**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, 7:58pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/24 "2018-06-27T19:58:01Z")
I’m not seeing any evidence in this thread that conservatives, even here on this board, care one iota about gay people, Muslims, the ability of minorities to vote, or the poor and disabled. At least stop pretending to care; just advocate camps, or at least federal laws restricting their rights, and be done with it. Hell, I’d be satisfied with an affirmative, “no, I don’t particularly care what happens to them.” Be intellectually honest for once. ---
**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\ **Post date:** [June 27, 2018, 8:09pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/25 "2018-06-27T20:09:15Z")
> [@SenorBeef](#): > > 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. McConnell waited until after the \*presidential \*election, on the assumption that the winner gets to choose the SCOTUS nominee. I don’t think the logic applies to the mid-terms. ---
**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\ **Post date:** [June 27, 2018, 8:10pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/26 "2018-06-27T20:10:09Z")
This is the Pit, right? _checks_ Okay. **Shodan** can just fuck right off, preferably riding a cactus with nice, long spines. And **Bricker** , as well, just maybe one with shorter spines. ---
**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\ **Post date:** [June 27, 2018, 8:12pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/27 "2018-06-27T20:12:08Z")
> [@ivylass](#): > > McConnell waited until after the \*presidential \*election, on the assumption that the winner gets to choose the SCOTUS nominee. I don’t think the logic applies to the mid-terms. There was no actual logic, other than the self-serving, lying kind, involved in the decision at all. There was no historicity involved, either. This was McTurtle saying “Fuck you, Obummer!” Period. ---
**Author:** ![GrandWino](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grandwino/32/67_2.png) [@GrandWino](https://boards.straightdope.com/u/GrandWino)\ **Post date:** [June 27, 2018, 8:14pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/28 "2018-06-27T20:14:03Z")
> [@ivylass](#): > > McConnell waited until after the \*presidential \*election, on the assumption that the winner gets to choose the SCOTUS nominee. I don’t think the logic applies to the mid-terms. And several GOP senators were on record on election night saying that they would refuse to hold votes on any of Clinton’s nominees were she to win. So the “wait until after the election” was always bullshit. The GOP had control and didn’t have to vote on Garland - so they didn’t. ---
**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, 8:17pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/29 "2018-06-27T20:17:59Z")
Also, this needs to be addressed. > [@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.” > > In contrast, I mean “More likely to delivers results derived from the text of the canon being applied.” I realize this is the Pit and you’re under no obligation to be fair or to argue in good faith, but this is beneath you. Anthony Kennedy almost never ruled on “my side,” or in a way that was “more likely to deliver results I want.” The few times he did were pleasant surprises. But Anthony Kennedy is a thoughtful man with genuine principles. Each of his rulings - even the ones that I found disappointing - were clearly and obviously applying the law as he perceived it. For what it’s worth, I think the same of Chief Roberts - and he’s ruled in the way I’d prefer even less than Justice Kennedy. When those guys rule “against me,” as it were, my thought is, “damn, I wish the law was on my side but apparently it was not. OK, let’s get to work on changing the law.” Justice Gorsuch is a hack. I have no doubt he knows the law a million times better than I do, but I do not believe he cares about applying it honestly as Kennedy and Roberts do. He has no core principles. I think he has and will rule consistently as “his side” wants him to rule - that he starts with the ruling he will make and finds a way to fig leaf it with the law, instead of following the law as he sees it to the correct ruling. When he rules “against me,” my thought is, “well, perhaps the law was on my side and perhaps it wasn’t, but Neil Gorsuch doesn’t give a shit either way as long as he pleases the guy who hired him.” Or, as a better writer sort of put it: I’ve never agreed with Kennedy once. We have fought on like seventy-five different fronts. But when all is said and all is done Kennedy has beliefs. Gorsuch has none. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [June 27, 2018, 8:24pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/30 "2018-06-27T20:24:16Z")
Let’s wait and see how Flake and Corker vote. I wouldn’t put it past either of them to scuttle Trump’s first choice just as a fuck you as they go out the door. Susan Collins and Lisa Murkowski may also put the brakes on an appointee who is too extreme, especially on womens issues. ---
**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, 8:25pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/31 "2018-06-27T20:25:31Z")
Or McCain. ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [June 27, 2018, 8:29pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/32 "2018-06-27T20:29:11Z")
> [@Leaper](#): > > I’m not seeing any evidence in this thread that conservatives, even here on this board, care one iota about gay people, Muslims, the ability of minorities to vote, or the poor and disabled. At least stop pretending to care; just advocate camps, or at least federal laws restricting their rights, and be done with it. Hell, I’d be satisfied with an affirmative, “no, I don’t particularly care what happens to them.” Be intellectually honest for once. [Melania said it the other day](https://bat-bean-beam.blogspot.com/2018/06/a-brief-fascist-history-of-i-dont-care.html). ---
**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\ **Post date:** [June 27, 2018, 8:32pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/33 "2018-06-27T20:32:20Z")
> [@Chefguy](#): > > I look forward to Justice Rudy’s rulings. You misspelled Kanye. The SCOTUS ratings would be through the roof with Justice West contributing his entirely reasoned & unimpulsive perspective. ---
**Author:** ![cuauhtemoc](https://avatars.discourse-cdn.com/v4/letter/c/ecb155/32.png) [@cuauhtemoc](https://boards.straightdope.com/u/cuauhtemoc)\ **Post date:** [June 27, 2018, 8:32pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/34 "2018-06-27T20:32:49Z")
This is nothing to worry about. The precedent was established a couple of years ago that all Supreme Court vacancies that begin during a time when the White House and Senate are not controlled by the same political party shall remain unfilled until that is the case. Just like it says in the Constitution. ---
**Author:** ![Thing\_Fish](https://avatars.discourse-cdn.com/v4/letter/t/ecb155/32.png) [@Thing\_Fish](https://boards.straightdope.com/u/Thing_Fish)\ **Post date:** [June 27, 2018, 8:33pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/35 "2018-06-27T20:33:37Z")
> [@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. > > 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 God, you’re a repulsive, disgusting piece of shit. ---
**Author:** ![Thing\_Fish](https://avatars.discourse-cdn.com/v4/letter/t/ecb155/32.png) [@Thing\_Fish](https://boards.straightdope.com/u/Thing_Fish)\ **Post date:** [June 27, 2018, 8:36pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/36 "2018-06-27T20:36:14Z")
> [@cuauhtemoc](#): > > This is nothing to worry about. The precedent was established a couple of years ago that all Supreme Court vacancies that begin during a time when the White House and Senate are not controlled by the same political party shall remain unfilled until that is the case. Just like it says in the Constitution. Well, that is most certainly how it _should_ work from now on. I regret that the GOP has chosen to erode long-established democratic norms for their short-term partisan ends, but there’s no going back now. Unfortunately, the Republicans control the Senate, so unless Trump’s nominees either die or are outed as pedophiles or something before January, we’re all fucked. ---
**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, 8:36pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/37 "2018-06-27T20:36:30Z")
> [@Thing\_Fish](#): > > God, you’re a repulsive, disgusting piece of shit. I mean, my kid brother’s marriage is threatened, why shouldn’t he celebrate? Whee! ---
**Author:** ![cuauhtemoc](https://avatars.discourse-cdn.com/v4/letter/c/ecb155/32.png) [@cuauhtemoc](https://boards.straightdope.com/u/cuauhtemoc)\ **Post date:** [June 27, 2018, 8:40pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/38 "2018-06-27T20:40:15Z")
> [@Thing\_Fish](#): > > Unfortunately, the Republicans control the Senate, so unless Trump’s nominees either die or are outed as pedophiles or something before January, we’re all fucked. Yeah, for some reason I assumed he was announcing his retirement, like next year or something. I just rtfa and now I understand that he’ll be stepping down in July. So, one more nail in the coffin I guess. ---
**Author:** ![Thing\_Fish](https://avatars.discourse-cdn.com/v4/letter/t/ecb155/32.png) [@Thing\_Fish](https://boards.straightdope.com/u/Thing_Fish)\ **Post date:** [June 27, 2018, 8:40pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/39 "2018-06-27T20:40:32Z")
> [@Fear\_Itself](#): > > Let’s wait and see how Flake and Corker vote. I wouldn’t put it past either of them to scuttle Trump’s first choice just as a fuck you as they go out the door. Susan Collins and Lisa Murkowski may also put the brakes on an appointee who is too extreme, especially on womens issues. I mean, he probably wouldn’t get away with nominating Jared Kushner or Steve Bannon, but that’s about as far as my faith in the willingness of “moderate” Republicans to stand up to the Orange One goes. Especially given that the GOP Senators know that if they can’t confirm anyone by January, they run the risk of not being able to get another Republican nominee confirmed for a long, long time. ---
**Author:** ![jshore](https://avatars.discourse-cdn.com/v4/letter/j/b5e925/32.png) [@jshore](https://boards.straightdope.com/u/jshore)\ **Post date:** [June 27, 2018, 8:41pm UTC](https://boards.straightdope.com/t/justice-kennedy-retiring/816857/40 "2018-06-27T20:41:25Z")
> [@Shodan](#): > > 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. > [@](#): > > One can hope. 7-2 on the side of the Constitution instead of only 6-3 - be still, my heart. Well, while we already might know that many conservatives can’t engage in critical thinking very well, you guys apparently also have trouble with the simple task of counting. Replacing Kennedy with an ultra-conservative justice will still leave 4 “liberal” justices [Breyer, Kagan, Sotomayer, and Ginsburg], which will mean that there will likely be a lot of 5-4 decisions as there are now; however, instead of them only mainly going in the direction of conservatives (unless it is one of the social issues that Kennedy is less conservative on), they will likely go nearly exclusively in the direction of conservatives. [Previous page](https://boards.straightdope.com/t/justice-kennedy-retiring/816857.md?page=1) [Next page](https://boards.straightdope.com/t/justice-kennedy-retiring/816857.md?page=3)