# Kennedy Retiring from SCOTUS **URL:** \ **Category:** Great Debates\ **Created:** [June 27, 2018, 6:11pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858 "2018-06-27T18:11:19Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [June 27, 2018, 6:39pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/21 "2018-06-27T18:39:27Z")
Trump is creaming his pants . He wins all the big cases this week and now gets a 2nd pick. Dems will fold like a cheap suit on the next pick. They might offer token opposition for a short time. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [June 27, 2018, 6:40pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/22 "2018-06-27T18:40:11Z")
We’re fucked. Kennedy was often the voice of reason, moderating between the extremes. His replacement is likely to be somewhere to the right of Thomas. ---
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [June 27, 2018, 6:40pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/23 "2018-06-27T18:40:34Z")
Well, fuck. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [June 27, 2018, 6:42pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/24 "2018-06-27T18:42:24Z")
> [@2ManyTacos](#): > > You know all those times in prior threads when other posters mocked me for being so sure of a future Democratic Court-packing movement? > > All of those calls are going to get fucking HUGE starting today. I know, I know, you’re very upset at losing. Given the tantrum your side has thrown over the last year and a half, I have no doubt that some of them are filling their heads with dreams of court-packing. I still don’t think it’s going to happen, but keep dreaming. ---
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [June 27, 2018, 6:44pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/25 "2018-06-27T18:44:03Z")
pretty sure there will be no more Souter type judges who vote the “wrong” way after they get on the court. They will go over the record of anyone they pick with a fine tooth comb. ---
**Author:** ![Corry\_El](https://avatars.discourse-cdn.com/v4/letter/c/ecae2f/32.png) [@Corry\_El](https://boards.straightdope.com/u/Corry_El)\ **Post date:** [June 27, 2018, 6:44pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/26 "2018-06-27T18:44:05Z")
> [@Velocity](#): > > Last time, three Democratic senators still voted for Gorsuch. Think it’s going to be unanimous against the Trump nominee this time? All else equal the same three, Donnelly IN, Manchin WV and Heitkamp ND would feel the same pressure in their 2018 reelection campaigns in heavily Trump states and probably vote yes. The two basic things that might not be equal: 1. If there’s a genuine non-partisan/non-ideological reason to vote against the nominee which there really wasn’t with Gorsuch. 2. If for any reason the GOP can’t get 50 (plus VP tiebreaker) of their 51 to vote for the nominee. ‘Red state’ Democrats going along with the GOP on a vote the GOP would win anyway with its own members is one thing, bailing out the GOP when they don’t have the votes among their own members is another and would not happen I’d predict. ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [June 27, 2018, 6:44pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/27 "2018-06-27T18:44:11Z")
> [@Bijou\_Drains](#): > > He will offer Judge Judy but she says no because she makes $40 mil a year on TV. Too bad. I’d love to hear one of her opinions. “Don’t pee on my leg and tell me it’s raining!” ---
**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, 6:48pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/28 "2018-06-27T18:48:30Z")
Hopefully not some 55-75 year old person. ---
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [June 27, 2018, 6:50pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/29 "2018-06-27T18:50:12Z")
here is the official white house list for SC nominees as of last Nov. [https://www.whitehouse.gov/briefings-statements/president-donald-j-trumps-supreme-court-list/](https://www.whitehouse.gov/briefings-statements/president-donald-j-trumps-supreme-court-list/) ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [June 27, 2018, 6:50pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/30 "2018-06-27T18:50:45Z")
> [@Velocity](#): > > Hopefully not some 55-75 year old person. Are you joking? ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [June 27, 2018, 6:52pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/31 "2018-06-27T18:52:40Z")
On the bright side (politically speaking), Democrats could hardly hope for a better motivator than the end of Roe v Wade. Terrible for women’s rights, but potentially amazing for future Democratic turnout. But this SCOTUS escalation can’t possibly have a happy ending as long as it keeps going up in stakes. At some point, liberals will have a run and get an unbalanced court on their side. And it’s terrible to consider, but once a gun ruling comes down that the hardcore gun folks don’t like, and a Republican is back in the WH, then someone may start shooting justices. When killing justices becomes a successful way to change the court, it’s hard to imagine how we come back from that. ---
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [June 27, 2018, 6:56pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/32 "2018-06-27T18:56:04Z")
> [@Ludovic](#): > > I don’t think Congress will hold hearings, after all, we should wait until the next Presidential election to allow the voters to have their say. Right? They won’t hold hearings - because there won’t be time; they’ll rush straight through to the vote, and invoke the Nuclear Option like they did with Gorsuch. > [@Kolak\_of\_Twilo](#): > > Will the threat of Roe, Obergefell and Lawrence v Texas being overturned get people to the polls or will American democracy just die a little more? I think Roe is safe, mainly because they need at least one of the two Republican women to vote for the nominee. However, I would not be one bit surprised if at least one state brings back a “marriage is between one man and one woman” law pretty much to get Obergefell “reconsidered.” (If you want to get pedantic, “Only marriages between one man and one woman are valid” is still in California’s Constitution; if Obergefell is overturned, somebody might make a claim that, since the statement was never actually repealed, it should go back into effect.) However, this will now become a major campaign point for November ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [June 27, 2018, 7:01pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/33 "2018-06-27T19:01:32Z")
> [@Kolak\_of\_Twilo](#): > > Will the threat of Roe, Obergefell and Lawrence v Texas being overturned get people to the polls or will American democracy just die a little more? I think if you can survive with _Brown_ intact you should feel blessed. Those cases are a bye bye. ---
**Author:** ![ITR\_champion](https://avatars.discourse-cdn.com/v4/letter/i/c67d28/32.png) [@ITR\_champion](https://boards.straightdope.com/u/ITR_champion)\ **Post date:** [June 27, 2018, 7:02pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/34 "2018-06-27T19:02:29Z")
The media only pays serious attention to Supreme Court nominee battles, but Trump has nominated scores of federal judges over the past 18 months. Based on the nominations that he’s made so far, two things are clear. His nominees are solidly conservative, and solidly intellectual. He wants judges who are very capable of making thoroughly professional, logical rulings. There’s no reason to believe that he’ll deviate from that pattern in his next Supreme Court pick. I’m hoping for [Don Willett](https://www.washingtonexaminer.com/don-willett-who-faced-questions-about-a-rod-and-bacon-during-confirmation-hearing-confirmed-to-federal-appeals-court), personally. ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [June 27, 2018, 7:02pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/35 "2018-06-27T19:02:46Z")
> [@iiandyiiii](#): > > On the bright side (politically speaking), Democrats could hardly hope for a better motivator than the end of Roe v Wade. Terrible for women’s rights, but potentially amazing for future Democratic turnout. > > But this SCOTUS escalation can’t possibly have a happy ending as long as it keeps going up in stakes. At some point, liberals will have a run and get an unbalanced court on their side. And it’s terrible to consider, but once a gun ruling comes down that the hardcore gun folks don’t like, and a Republican is back in the WH, then someone may start shooting justices. > > When killing justices becomes a successful way to change the court, it’s hard to imagine how we come back from that. Who shot up Congresspeople they didn’t like? :rolleyes: ---
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [June 27, 2018, 7:03pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/36 "2018-06-27T19:03:25Z")
a lot of experts on both sides say Roe v. Wade won’t be overturned ever. I don’t know what they base that on , but I’ve read it several times. Can’t find a link now. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [June 27, 2018, 7:04pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/37 "2018-06-27T19:04:35Z")
> [@madsircool](#): > > Who shot up Congresspeople they didn’t like? :rolleyes: Crazy people. Thankfully, neither Giffords nor Scalise were killed. ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [June 27, 2018, 7:08pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/38 "2018-06-27T19:08:54Z")
> [@iiandyiiii](#): > > Crazy people. Thankfully, neither Giffords nor Scalise were killed. Don’t project. Like you say, its crazy people who assassinate. The political environment is heated enough without bringing up offhanded threats of more assassinations. ---
**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, 7:09pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/39 "2018-06-27T19:09:11Z")
> [@iiandyiiii](#): > > On the bright side (politically speaking), Democrats could hardly hope for a better motivator than the end of Roe v Wade. Terrible for women’s rights, but potentially amazing for future Democratic turnout. Turnout that will…what? Get Democrats elected, and eventually put liberal SCOTUS justices on the bench, who will then restore Roe v. Wade? Then it’s square one. But I don’t think SCOTUS will overturn Roe or Obergefell; they take stare decisis seriously, or at least likely 5 of them do or will. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [June 27, 2018, 7:10pm UTC](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858/40 "2018-06-27T19:10:37Z")
> [@madsircool](#): > > Like you say, its crazy people who assassinate. The political environment is heated enough without bringing up offhanded threats of more assassinations. Agreed. I don’t plan to make any threats at all. [Previous page](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858.md?page=1) [Next page](https://boards.straightdope.com/t/kennedy-retiring-from-scotus/816858.md?page=3)