Justice Kennedy to retire, Trump can solidify court's majority conservative bloc

Discussion in 'Politics & Religion' started by SueEllenRules!, Jun 27, 2018.

  1. SueEllenRules!

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    Justice Kennedy to retire, Trump can solidify court's majority conservative bloc
    The president is likely to nominate someone more conservative than Kennedy, a swing vote who has sometimes sided with liberals on key opinions, including on the landmark ruling that legalized gay marriage.

    WASHINGTON — Supreme Court Justice Anthony M. Kennedy announced Wednesday that he will retire when his successor is confirmed, preparing the way for the most significant change in the court's makeup in half a century.

    The vacancy will allow President Donald Trump to make the U.S. Supreme court a solidly conservative body for years, if not generations, to come — a towering legacy of his time in office.

    Kennedy's departure, which had been rumored for months, could also put in doubt the future of a nationwide right of access to abortion.

    "Justice Kennedy was the most important member of the court in a century, maybe ever," said Tom Goldstein, a Washington lawyer who argues frequently before the court and publishes the SCOTUSblog web site.

    Kennedy turns 82 in July and is the court's second-oldest justice. Ruth Bader Ginsburg is 85.

    Since 2006, when moderate conservative Sandra Day O'Connor left the court, Kennedy has been the swing justice, often casting the deciding vote in the most high-profile cases.

    Joining the court's four other conservatives, he voted to gut the landmark Voting Rights Act, allow corporations and unions to spend unlimited funds to support candidates and give new life to the Second Amendment right to own a gun.

    But he joined the liberals in banning capital punishment for the youngest offenders, declaring that prisoners at Guantanamo Bay had a right to challenge their detentions and limiting the powers of the states to enforce their own tough immigration laws.

    He profoundly shaped the court's rulings on gay rights, writing four of its most important decisions, including the landmark 2015 ruling that struck down bans nationwide on same-sex marriage.

    "It's not just that he was the pivotal vote so often. It's that his thinking changed the country,” Goldstein said. Gay rights is the biggest example, but it's not the only one."

    Any nominee chosen by Trump is sure to be more conservative than Kennedy. The president would likely pick someone as ideologically to the right as Neil Gorsuch, who has voted with the court's other conservatives in nearly every case since taking his place on the bench just over a year ago.

    President Ronald Reagan nominated Kennedy, a fellow Californian, in 1987 after the Senate rejected Robert Bork as too rigid and after a second nominee, Douglas Ginsburg, admitted smoking marijuana.

    At first a reliable conservative, Kennedy soon broke away and voted to uphold the court's 1973 Roe v. Wade abortion decision. But 14 years later, he wrote the ruling that approved a federal ban on so-called partial-birth abortions.

    A Trump-nominated successor to Kennedy would likely become the court's fifth reliable conservative, joining Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Gorsuch. Because only Thomas has declared opposition to Roe v Wade, it's uncertain whether opponents of abortion would have the five votes needed to overturn it.

    At age 69, Kennedy had a stent placed in one of his heart arteries, and underwent the same procedure a year later. But neither kept him off the golf course, and his health has appeared sound.

    A year ago, he told friends he was considering stepping down, but he returned to the bench last October for the start of the current term. His departure will end nearly 31 years of service on the Supreme Court.

    Justice Kennedy to retire, Trump can solidify court's majority conservative bloc - NBC News https://apple.news/ACkC56OiWT_WBUEVOKGil7A
     
    Last edited: Jun 27, 2018
  2. Snarky's Ghost

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    Roe v Wade will be over-turned.

     
  3. SueEllenRules!

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    GOP Sen. Susan Collins Says Anti-Roe Supreme Court Nominee Is ‘Not Acceptable’
    Collins is one of a handful of swing votes who will decide the fate of President Donald Trump's pick.

    Sen. Susan Collins (R-Maine) said on Sunday she would not support a replacement for retiring Supreme Court Justice Anthony Kennedy who would oppose the 1973 Roe v. Wade ruling that legalized abortion rights nationwide.

    “I would not support a nominee who demonstrated a hostility to Roe v. Wade,” Collins said on CNN’s “State of the Union.”

    She reiterated that view on ABC’s “This Week,” describing Roe v. Wade as “settled law.”

    “A candidate for this important position who would overturn Roe v. Wade would not be acceptable to me because that would indicate an activist agenda that I don’t want to see a judge have,” Collins said.

    The GOP holds a 51-49 majority in the Senate, and lack of support from two Republicans would require President Donald Trump and Senate Majority Leader Mitch McConnell (R-Ky.) to find a Democrat to confirm a replacement for Kennedy. In the instance of a 50-50 tie, Vice President Mike Pence would cast the deciding vote.

    Collins also said that she hoped Trump would consider candidates who are not on the shortlist of judges he used to choose Neil Gorsuch early in 2017 to take the high court seat left vacant by the death of Antonin Scalia.

    “I told [Trump] that I was looking for a nominee that would demonstrate a respect for precedent,” Collins said on “This Week.”

    On Thursday evening, Trump invited Collins and four other moderate senators ― Lisa Murkowski (R-Alaska), Joe Manchin (D-W.V.), Joe Donnelly (D-Ind.) and Heidi Heitkamp (D-N.D.). ― to the White House to discuss the vacancy. Sen. Charles Grassley (R-Iowa), the chairman of the Judiciary Committee, was also in attendance.

    Collins said that, at that meeting, she also suggested to Trump “that he broaden his search beyond the list of 25 nominees” that produced Gorsuch.

    The president, however, has indicated that he will stick to that list and will announce his pick on July 9.

    Collins said Trump told her that he would not ask a prospective Supreme Court nominee about their stance on Roe. “The president told me he would not ask that question,” she said on “State of the Union.”

    That may be a moot distinction, given as Trump’s list of prospective judicial nominees was crafted with the assistance of The Federalist Society, a conservative legal think tank that is deeply hostile to reproductive rights. It is unlikely that any nominee drawn from that list would look kindly on Roe.

    Kennedy’s retirement is widely viewed as the most significant Supreme Court vacancy in a generation, marking the departure of the court’s swing vote on a range of issues, including abortion, LGBTQ rights and health care.

    GOP Sen. Susan Collins Says Anti-Roe Supreme Court Nominee Is ‘Not Acceptable’ - HuffPost https://apple.news/APOhqllJlRbe7LhEqnsQ_5w
     
    Last edited: Jul 2, 2018
  4. Snarky's Ghost

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    Thank you, Vladamir Putin.
     
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  5. Frank Underwood

    Frank Underwood Soap Chat TV Fanatic

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    Thank you, pied piper strategy. Thank you, neoliberalism. Thank you, TPP. Thank you, Chuck Schumer for focusing on moderate Republicans instead of blue collar Dems.

    Ah, who am I kidding? I'm sure Putin was behind all of that too.
     
  6. SueEllenRules!

    SueEllenRules! Soap Chat Dream Maker

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    Thank you, Jill Stein voters.
     
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  7. Frank Underwood

    Frank Underwood Soap Chat TV Fanatic

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    Thank you, DNC and Democrats for choosing a corporatist, anti-immigrant war monger as your standard bearer. Thank you, Dems for never taking responsibility for your failures.

    But by all means, keep propping up shitty candidates and voter shame everybody who doesn't support them. It's obviously working for you.
     
    Last edited: Jul 4, 2018
  8. Snarky's Ghost

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    You said yourself, Frank, that you found the possibility of Trump being elected a just revenge for how the DNC treated Bernie. The problem is that that really does still seem to be the only thing you're focused on, even now.
     
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  9. Frank Underwood

    Frank Underwood Soap Chat TV Fanatic

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    You bring this up in almost every discussion we have, yet you always leave out the context. For one thing, I said it would almost be worth it. Secondly, I've explained many times that it was a visceral reaction because of how corrupt the Democratic Party had become. If Trump won, it was my hope that Dems would see it as a wake up call. Obviously, they didn't.

    And you all are focused on Trump, but not how we got Trump. The simplistic analysis of "we got Trump because of Putin" is yet another way Dem supporters let their party off the hook. I criticize Hillary and the Dems for the things they have in common with Trump because I oppose Trump. The problem is that there are still people here who think Hillary was an acceptable alternative, and thus want to attack me for vehemently disagreeing. You all see Trump as the sole problem, where as I see Trump as the symptom of systemic corruption.
     
  10. SueEllenRules!

    SueEllenRules! Soap Chat Dream Maker

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  11. Frank Underwood

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    All this talk about how I allegedly don't care what Trump does feels like projection. Not that you all don't care what he does, but you sure as hell don't seem to care when the Democrats go along with him. I'm the only one here who points out the Democrats that turned their backs on immigrants, that voted to confirm torturers, and that voted in favor of warrantless surveillance, a bloated military budget, and gutting banking regulations. Where's the outrage over that? Being against Trump should also mean being against people who enable him.

    Three Dems voted to confirm Neil Gorsuch to the Supreme Court. Any guesses as to how many will confirm Trump's latest choice? When did principles become meaningless?
     
    Last edited: Jul 7, 2018
  12. SueEllenRules!

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    [​IMG]
     
    Last edited: Jul 7, 2018
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  13. Frank Underwood

    Frank Underwood Soap Chat TV Fanatic

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    I for one have never said I was better than anybody else because I voted third party. If anything, it's the people who voted for Clinton who've proclaimed their superiority to me.

    Secondly, if enough people vote third party, it can increase their funding and potentially push the two parties to the left/right (depending on the platform) in order to compete for their votes. By increasing the exposure of third parties, they could even potentially reach the 15% approval in the polls in order to be included in the presidential debates.

    Lastly, the only "voter of the worst kind" is an uniformed voter. Some voters are pragmatists, while others are idealists. What I find problematic are people who feel a candidate is entitled to our vote. It doesn't work that way in a democracy. I'm not a pragmatist. I have nothing against those who are, but I choose to vote my conscience rather than vote for lesser evilism.

    If you want to know why Obama won and Hillary lost, just look at the differences in their campaigns. In 2016, Dems cheated the progressive candidate and ridiculed his supporters during the campaign! Unlike 2008, there was no progressive outreach in 2016. Hillary even chose a running mate to her right, even though she herself was already a moderate.

    Voter shaming might make you feel all good inside, but there's a reason the Green Party wasn't a spoiler in 2008 and 2012.
     
    Last edited: Jul 9, 2018
  14. SueEllenRules!

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  15. Frank Underwood

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    I bet she wasn't making that face on election day. It was probably more like this:

    [​IMG]
     
    Last edited: Jul 10, 2018
  16. SueEllenRules!

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  17. Frank Underwood

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    What is she flicking off her shoulder, her dream of becoming president? Must be sad to have the DNC and the media fix an election for you and still lose.
     
    Last edited: Jul 10, 2018
  18. SueEllenRules!

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  19. Frank Underwood

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  20. SueEllenRules!

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