Anthony Kennedy's retirement just confirmed every Republican's d

01 July, 2018, 23:52 | Author: Dwayne Harmon
  • Donald Trump to get second Supreme Court pick as Justice Anthony Kennedy retires

"Justice Kennedy's retirement presents an opportunity for the President to appoint and the Senate to confirm a principled constitutionalist who will defend the Bill of Rights, defend the fundamental liberties of Americans, and I am hopeful that is exactly that will happen", he said.

November's midterm elections are expected to produce a bitter struggle for control of Congress in a deeply polarized country, especially if a court seat is still in play.

Republicans successfully blocked a vote on Judge Merrick Garland, who was nominated during the final year of President Barack Obama's presidency, enabling Trump to select Gorsuch early last year.

Many people with a limited understanding of Kennedy's involvement in healthcare cases associate him with three markers - limiting the burdens that the federal government places on states, preservation of broad rights to abortion, and readiness to overturn the entire ACA, Tom Miller, JD, resident fellow at the American Enterprise Institute, a right-leaning think tank, said in an email.

His retirement takes effect on July 31, the court said. But Republicans were twice as likely to say it's the right amount of partisan - 22% to Democrats' 11% and independents' 10%. The Supreme Court affirmed his 2010 ruling that a jail policy of strip-searching all those arrested does not violate the Fourth Amendment's ban on "unreasonable searches and seizures".

And none of them now wants to vote on another Trump nominee to the Supreme Court.

The court said Kennedy told his colleagues of his decision on Wednesday.

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The debate over Kennedy's replacement could cause McCaskill "a lot of difficulties", said Peverill Squire, a political scientist at the University of Missouri. "There are four votes on the Court now likely to be hostile to reproductive rights". Kavanaugh also served as a law clerk to Kennedy of the Supreme Court.

Kennedy, who was appointed to the bench by President Ronald Reagan, was long rumored as a potential retiree - although when he didn't announce that retirement at the close of the court's session on Wednesday morning there was some sense that perhaps all of the whispers about his future plans had been wrong. Trump vowed during the campaign to appoint justices who would vote to overturn Roe, the 1973 ruling that legalised abortion across the U.S., and his appointment to replace Kennedy could make that a reality.

All are on a list of 25 prospective justices the White House has developed with input from the conservative Federalist Society and Heritage Foundation.

McConnell insisted that the seat remain vacant until voters had a say in the presidential election, infuriating Democrats.

Mr Trump's nominee is likely to give the conservatives a solid majority and will face a Senate process in which Republicans hold the slimmest majority, but Democrats can not delay confirmation. "Hopefully we will pick someone who is just as outstanding" as the retiring Justice Kennedy, he added.

"The Senate stands ready to fulfill its constitutional role by offering advice and consent on President Trump's nominee to fill this vacancy", the Kentucky Republican said in a speech on the Senate floor. He called the evening Trump introduced Gorsuch as his nominee "one of the happiest nights of my Senate career".

"He is a man who has displayed tremendous vision and tremendous heart and he will be missed", Trump said.



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