KENNEDY Participated in supporting many of the key cases expanding the rights of people in the US. Though frankly I have been disappointed in some of his decisions where he has supported turning away from our rights as expressed in the Declaration of Independence to Life, Liberty and the Pursuit of Happiness. What I fear is that the extremist activists on the Court will continue to legislate from the bench, as they have been wont to do. Especially in foisting Dubya on the country (though now I think that compared with Trumpzilla, he was not so bad).
1
We're going to lose in November if people keep shaming one another about what happened in 2016 rather than banding together to confront the consequences. These comments are a perfect example of why we will lose. We need a united front against the Trump regime, not separate camps of "Camp Hillary," "Camp Bernie," "Camp Third Party," and so forth.
2
McConnell should have been impeached when he failed to do his Constitutional duty and hold hearings for Garland.
That's it: just hold hearings. They could have voted him down if they wanted, but they didn't even give Garland respect.
4
Any day that a supporters of Kelo leaves the court, it is a good day. Now if his own home were seized and given to a private corporation, we would have justice.
1
Just when you hoped it could not get any worse....
Ladies, I do believe that iud's are covered under the Affordable Care Act. That's 10 years of peace of mind. Get 'em while you still can.
2
Now the young Progressives who sat on their hands rather than vote in 2016 will get to learn the real consequences of tribalism.
4
Once again,Ii want to thank all the Democrats who thought "my vote doesn't count for anything" and who didn't go to the polls - and paved the way for Orange Don to walk to the White House. We are ALL buried now.
4
My vote counted for nothing because the system automatically discards it for where I live. How much of this does one take before one concludes that this country is just one big fat over-ripe scam waiting to collapse?
2
I say “good riddance”, but unfortunately the promise of “bad rubbish” is highly expected in his wake.
2
The U.S. Constitution is neither Left or Right, but rather the Supreme Paradigm. The Role of the Supreme Court is to decide whether laws passed by Congress are in violation of the Constitution.
Therefore, when a President appoints a Constitutional Conservative, it can only move the Supreme Court to the Right if the Court is already Left f the Constitution. It would be better to describe the appointment of a Constitutional Conservative as moving the Court Towards the Constitution.
As for the replacement of Justice Kennedy, the appointment of a Constitutionalist would not likely move the Court very far from where it is currently. Justice Kennedy is a self-described Constitutionalist and Originalist, which is also how legal scholars describe him.
Be wary of the Fake News spewed by the Media that the replacement of Justice Kennedy with a Constitutionalist will destroy America. It is fundamentally untrue, if you believe the laws of the United States are derived from the Constitution. The rhetoric by the Media is destructive to the United States, more so than any conservative Justice could be as a replacement for Kennedy.
Regard the media rhetoric for what it really is. It is an opportunity to sell advertising. The Media is a collection of For Profit corporations which need to keep ratings high to sell advertising. The business formula has been to bash and attack Trump because more people tune in, or read this narrative.
Just remember, it is always about the Money!
2
Roosevelt threatened to pack the Supreme Court. Does constitutional law allow Congress to increase the number of Supreme Court Justices? If so, the only hope is electing a Democratic Congress. Too bad Biden didn't call a vote for Merrick on the one day the Dems had the majority before Biden swore in the new Rep senators. It would have been right out of the Rep playbook to do so.
4
Thursday, June 28, a dark day for democracy. God forbid the so-called Supreme Court will welcome another Gorsuch right-wing carpetbagger. If it does, we might as well do away with it altogether. It's barely democratic as it is.
5
Why didn't Kagan take up Obama's request to leave while he was president so he could replace her with another liberal? I guess she too figured Clinton would win. Why did Senator Reid get rid of 60 votes for Federal judge appointments opening up the 50 vote rule for Supreme Court justices? I guess he figured Democrats would rule the Senate forever.
The Democrats have only themselves to blame.
Since I heard this, I've been wondering. From the Heritage Foundation (aren't they backed by the Falwells and Liberty University?) list of potential Supreme Court nominees, who do you suppose will be picked by Putin?
1
The only acceptable replacement for Justice Anthony Kennedy will be Justice Merrick Garland. Personally, I have always throught that Mitch McConnell should be incarcerated for his pivotal treasonous role in denying Justice Garland senatorial hearings and the reasons for this have never been more abundantly clear than they are right this minute.
6
I want Rand Paul or Ted Cruz on the court. I don’t want my country back. I want my FREEDOM back.
1
I now understand what just happened... he's tight with the Trumps I had no idea.... his votes were not making sense especially based on his "public written opinions" this is revolting
2
Let us hope that we end up with another Earl Warren. Eisenhower thought he was appointing a conservative Justice. But Warren turned fairly liberal once he saw the world from that high bench.
2
There you go, Mr. Trump. There is your chance to make America great again. Another liberal activist gone.
2
This is more power to those in power. All in the name of conservatism. Mitch Mcconnell was one of the first to react, and reacting with speed, and he is now preparing for the vote needed to fill the vacancy at the SCOTUS.
People will be watching how the three branches of government will be behaving. How will their functions and decisions impact our country? Will we see any individual/s amongst the three branches who will be the referee? Or will everything be ignored and drowned by power?
This is time for awakening, and some education. Will the people see that? Will they take that awareness and knowledge to the forthcoming mid term elections?
1
"I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors." Thomas Jefferson
7
I don't want activism in the courts. Not from conservatives, not from progressives. We need someone that will listen and apply decisions based on the constitution. Kennedy seemed to be a moderate, he will be missed.
1
A moderate does not handover the future of America to a Russian puppet like Donald Trump.
7
Chances are you will see all important issues evaded by dropping cases on technicalities. Trumpists like no laws best of all.
3
Much of what is happening now, especially the rise of Trump, that so many think is bad...might turn out to be good.
The USA has, for a long time, been the frog sitting on the stove in a pot of water, burner turned low; blithely, unknowingly, getting slowly cooked to death. If Republicans were more patient, and avoided the Trump phenomenon, things might seem better right now and already be too late.
They jumped the gun. The rest of the world sees it; many here don't, because partisan blindness has been stoked and humans are supremely adept at rationalizing away facts they don't like in their guts. But, by jumping the gun (with Trump's help), the GOP is turning the burner up enough so that the frog is finally catching on to its peril.
Putin miscalculated, too. A little more subtlety, a longer wait - but of course, he didn't think the US would actually be stupid enough to elect Trump, an easy mistake to make - and we might have fallen quietly into alignment with Russia and the rest of the fake democracies of the world.
The GOP screwed up, too. It could have gotten any credible Republican elected over Hillary (seeing how things turned out despite all Trump's baggage). They probably could have gotten all they like about what Trump has done, without all the downside of what they don't like. But, too many of them wouldn't risk primary challenges from uncompromising Tea Party types.
Now we have a chance to retake the USA from the brink of fascism. Will we take it? I hope so.
4
Republicans are now the enemy. Come what may. It’s going to be a long hot summer. I say all civility is off the table. We will rock this boat until It don’t float. It will be a November to remember. Nothing is off the table now. Go get em. Show Trump and Putin, and their cronies what they’re up against.
8
45 says Kennedy is retiring because he has the confidence in 45's ability to choose a good replacement. Please.
4
Based on the comments from Grifter-in-Chief supporters I am safe and secure in my MALE WHITENESS. Either way, I am safe and secure. My wife, not so much. What a sad excuse we have become in our fall. Robert Muller III will not save us. We have to do that and we can in 131 days. As Bread & Puppet say in the artwork I have hanging in the Rec Hall bathroom "WAKE UP" & "LISTEN."
5
Couldn't Kennedy have waited a few months? He probably doesn't feel capable anymore, and that's so sad for him and REALLY sad for the country.
1
I'm sure he considered that it would have been wrong for him to quit in the middle of a term and leave the court with only 8 justices. That's why justices retire at the end of a term. It's the proper consideration and respect to do it that way.
1
So, White Evangelicals, you have your conservative court. What excuse will you use now to explain your continuing support for Trump (remember you’re not racist - not a bit).
15
Separation of Powers?
What a joke.
12
And thus did John 'Freisler' Roberts and his DRED-SCOTUS finally close down democracy in the US, in favour of an extreme-right, imperial plutocracy...
Bye-bye, Roe Vs Wade and all post-Civil Rights Act progressive legislation!
I'm making a book on which 'suitable' candidate President Pussyrgrabber will pick as a successor to Kennedy - the favourite's Cliven Bundy at the moment, but Sean Hannity is running him a close second...
7
If Roe v. Wade is overturned, I am taking my daughter and leaving. This time, for certain.
(We will exit the country in our obligatory red robes with white wing tips and leave them on your doorstep as we head to the recently fair-minded Ireland.)
9
Bring a raincoat
2
Wow. The fear-mongering is truly reaching a fever pitch in these comments. Get a grip, people.
4
Dear fellow humans, please stop whining. Get your act together, throw out Trump and return to democracy. And stop telling yourselves how great the state of the American mind is.
2
After reading all of the vein popping comments predicting doom and the demise of the United States I’m compelled to respond for the sake of those needing some deep breathing perspective:
None of what the radical left predicted after the elction of Donald Trump has come to reality outside of their manic delusional imagination.
SCOTUS nominations during times of political division are nothing new.
The Democrats have only themselves to blame for showing up so far in the losers column of political victories. Their situation is a product of their own making shepherded by Clinton, Inc. and one Harry Reid.
Any SCOTUS nomination will likely be someone with a legal and judicial backgroud (unlike Elena Kagan). If Trump used the reasoning the Democrats used to justify Kagan then Trump would nominate Rush Limbaugh.
As hard as it may be for you to believe there are people in this country with different political opinions than yours.
7
We have the right to occupy the halls of congress, so let us do so for every vote.
7
Of course life isn’t fair everyone knows that. But republicans do everything in their power to blatantly cheat the system. And for some reason they seem to think they’re entitled to do that. And they’re also the side that screams bloody murder when anything doesn’t go in their favor. In last 25 years twice they’ve stolen the presidency for the Democrats. In the current situation they even use they’re seemingly dreaded enemies, the Russians, to help them win the presidency and in the process steal two supreme court judges. They are a self-righteous and evil group of men and they know it. But they seem to go by the motto, life isn’t fair, so to bad.
4
How many women are on the list of 25 supreme court possibilities?
3
Ellen Wilkinson,
There are six women on the short list but only one so far has a scheduled interview with Trump, Amy Coney Barrett per CBS news.
Don't assume a woman will magically be more liberal or even moderate than a man. One of the two women listed as frontrunners by NYT is Joan Larson, who is no friend of the non-straight community and who takes a *very* broad view of executive powers. She has basically argued in the past that the president can override any law as long as it is to "protect the country."
1
Of all the times to retire Anthony Kennedy does that right after he rules to discriminate against Muslims under the guise of a "travel ban" and say it's okay to get union-won wages and benefits without paying the dues for them.
He couldn't wait until after the 116th Congress was sworn in next January 3rd. What an absolute coward and partisan hack.
The Supreme Court must be abolished because it is nothing more than an unelected bully pulpit for a Republican president and Congress.
Women alone should give the Democrats control of all three branches of government in 2018 (House and Senate) and 2020 (President) on the specter of abortion being made illegal.
Shame on just over half of white women voting for Trump - what on Earth were you thinking? You weren't thinking.
9
Half of all white women didn't vote for Trump. It was half of white women who actually voted (which unfortunately wasn't a very high number.)
We have to make sure everyone gets to the polls on November 6th- and is actually able to cast a ballot.( I'm worried that between Russian hacking of voter rolls, gerrymandering and closing of polling stations in low income areas, some may be disenfranchised.)
4
"His retirement gives President Trump the opportunity to help create a solid five-member conservative majority."
"Conservative..." I'm increasingly concerned by the Times's inclination to normalize this administration's authoritarian impulses.
We shouldn't anticipate "conservatism" so much as a court hostility to any checks on this president's power. A rubber-stamp court is not "conservative."
Wake up, Times!
3
I cannot believe how upset I am about someone else retiring after a long, productive career. But, I am so freaked out at having Donald Trump appointing someone very conservative to the Supreme Court....especially since I heard about Sotomeyer's dissent opinion on the Muslim ban. So, I volunteered to work for the Democratic nominee for Congress, and will work more to sign up new voters. VOTE in November to stop this insanity!!
2
He will nominate Robert Mueller. Mueller is a lawyer and a Republican. A high-paying job for life. How could Mueller refuse?
2
There should be - as there is in my country - a mandatory retirement age of 70 on all court and elected officials. That you people have these old fuddy duddies regulating your freedoms is an absolute disgrace. Furthermore, the Supreme Court has become one of the worst sources of jurisprudence in the western world. The fact that you can tell which way a justice on this bench will tip based on his political views is a disgrace. Nor should your freedoms be regulated by such a court - you people should grow up and regulate them yourselves: take some responsibility for yourselves; your reliance on a pack of excessively old people who are completely out of touch with the real world to regulate your freedoms has turned you all into a pack of irresponsible, uncivil, children. Americans need to grow up. Taking responsibility and fixing this court and your constitution would be a start.
5
Can We The People decline to accept his resignation?
2
It's a kangaroo court. A confederate kangaroo court seals the fate of the country while the Electoral College elects the stooge.
Robert A. Caro has made it clear we are no longer a democracy.
What does he know about power?
1
After indictment, impeachment, and hopefully some jail time, can we declare Trump’s judicial picks null and void?
4
I wonder how many of these "retirements" throughout the GOP as well as this, just might be a case of the old Soviet trick of being blackmailed out of office?
4
Why now, why not wait until the midterms to retire? Does anyone know? Is he ill?
4
An irony of history is that a man who has committed all sorts of offensives, including though not limited to, spousal rape, tax fraud, obstruction of justice, imoluments and even ties to the Russian spy networks, has the opportunities to nominate two Supreme Court Justices.
6
While America mourns the loss of a right-wing extremist judge who appointed a Republican president before the votes had been counted and then made it legal for corporations to buy elections outright, North Korea is in the news again for building new nuclear weapons. Has America ever had such a weak foreign policy in all of its history? Thanks to Trump, the tiniest and most insignificant countries are laughing at us. Trump doesn't care about National Security. Trump makes us vulnerable. Trump makes us helpless. If Trump continues to rule, we will be invaded. We will lose. When will the unpatriotic, unamerican cowards who support him get it through their skulls? Making America weaker is not a sound policy. It's time for it to stop.
2
No way the current senate will pass up the chance to get another one of their own into the Court.
Remember, even if the Senate flips in November, the new term doesn’t start till January 2019.
1
I'd like to join other NY Times readers in congratulating our dear president for his latest victory. Now smile...
1
All those righteous liberals who stayed home because they were too good to vote for Hillary are about to find out the consequences of their 'morality'.
7
What did they discuss during those 30 minutes in the White House?
1
Senator Ted Cruz has his Jurist Robes pressed and awaits President Trump’s nomination to the High Court.
The Trump cow-towing and boot licking have always had a goal in sight. His disappearance from the media spotlight shadowed by the sun king left a blobfish beached on the sand.
Associate Justice Cruz, the answer to his prayers.
1
Lots of Conservatives commenting here. Can you find the ones suffering from cognitive dissonance? The term was coined to describe their condition.
5
Kennedy will not be remembered for his moderating positions on gay rights and abortion. He will be remembered for willfully resigning before the midterm November election when the Republicans might lose their majority in the Seante. Kennedy wants another conservative justice to replace him, even if he is appointed by an impulsive, ignorant, incompetent white nationalist president who is dividing the country after losing the popular vote and is under investigation by a special prosecutor. Kennedy knowingly resigns and compounds the damage from Trump without regard for the likely degenerative future SCOTUS and the country will face for decades to come.
7
Meg Ryan from the United States Court of Appeals for the Armed Forces will be s fine SCJ.
Boycott Trump supporters.
Do not hire, rent or sell to, buy from, befriend, or marry them. Do not visit. move to, or attend school in their states.
Ask EVERYONE you know if they support Trump and cut whoever does out of your life regardless of who they are (family or friend.)
2
This is like a real-life prequel for “Handmaid’s Tale”..
Democrats need to obstruct just like McConnell did with Obama’s last SCOTUS pick. Seriously.
6
A politician without an agenda is useless. A judge with an agenda is a criminal.
4
Good-bye. Thank you for your service. You will always have Bush v Gore. Time for a real conservative. Kennedy was right 90% of the time. But when he strayed....boy were they doozies. Gay marriage was the big one. One guy with a laptop typed that monstrosity into our constitution as his sipped his Chablis. That can be reversed. It is not really precedent. Gays can have their civil unions without making a mockery of holy matrimony. We need a stealth nominee who will not answer any democrat "trick" questions. Then once he is sworn in....Kaboom. Sorry dems. This was on the ballot. Hillary got thrashed. Stay tuned.
Be careful what you wish for.
A far right replacement is not inevitable. First, the Republicans hold a razor-thin margin in the Senate (50-49 with McCain gone). An openly or even covertly anti-women's rights candidate will not pass Collins and Murkowski. It's not over until these ladies sing.
And a crypto-moderate still exists: John Roberts has sometimes voted a centrist position to keep the reputation of the court intact.
Sometimes I despair of our current plight, but I'm too old to emigrate. So I must support Democrats of whatever stripe in 2018. It's my last hope.
1
Knowing what the long-term stakes are, and in the light of the failure to appoint Merrick Garland by Congress and Hillary Clinton's clear victory in the popular vote, you would think Justice Kennedy would have the equanimity at least to stay on until after the midterm elections.
1
Delay, delay, delay. Filibuster. The only chance we have to keep another Gorsuch off the court with monstrously bad results for our country for decades to come.
We must be as resolute in barring any SC Justice to be seated who is nominated by Donald Trump as they were in rejecting any actions regarding Garland.
Remember John McCain - John McCain - publicly stated words you would think would only be spoken in hushed tones in a smoke filled back room :
"I promise you that we will be united against any Supreme Court nominee that Hillary Clinton, if she were president, would put up."
He and others said that, not even knowing the identity of any potential Clinton nominee. They even stated that 8 Justices were just fine - indefinitely.
We must be just as ruthless in this battle for the soul of America, less the America we know and love become unrecognizable. Forget about moving forward into our century, we will go backwards into the last.
We must hold them off for a few short months - until November, when the Blue wave can assure a majority even in the Senate - we must - there is no alternative.
Although the senate refused to hold any hearings on the garland nomination, they will bring this one to hearings immediately. Delay, delay, delay. Democrats must delay the hearings and drag them out, even though Republicans will be in charge.
Trump already has a list of extreme right wing nominees. The nomination will be swift. We must be ready to act.
3
All I can say is - good luck America - my former homeland. A little sad to admit I've never looked back since I left 20 years ago. 9/11 did so much damage to the country's soul and sense of togetherness. It seems like that event cracked open something in America that cannot be put right again. I miss the America that has vanished.
2
Trust Trump to pick the most extreme candidate on the list, particularly one who openly opposes abortion rights, because he feeds and will delight in the kind of fight that will come. He plans to destroy vulnerable democrats with it in the fall. Remember, he is trotting off to Moscow to get Putin’s help with the mid-terms and his 2020 campaign. And he will dissolve the NATO alliance to get it. Could the timing of his “summit” be more obvious? Democrats must be as intractable as McConnell and protect the flank while standing firm. The refuge of the Supreme Court in its critical and careful interpretations of the rule of law must be protected for ALL our citizens, not just the constitutional originalists. THAT is what the framers intended. This is not about any one issue or ideology, but about defending the checks and balances that are foundational to our democracy.
1
When abortion rights, LGBT rights, voter rights, freedom from religion, etc., are all gone, then will left-wing Democrats unite with the center and realize that practical consideration of immediate impact sometimes supercedes ideological purity?
2
Wonderful news. Kennedy was a bit wobbly in his decisions, but the President gets another chance to place a counterweight to the liberals. Now if only Ginsberg would make good on her promise to move to New Zealand if Trump were to become president....
2
I simply hope that the New York Times and other papers will please publish stories, throughout the next months while we debate a nomination, that continue to reveal to the American people the personal consequences of what the Supreme Court decides. Ireland just legalized abortion. How can the US possibly go back? That vote was driven by personal experiences of the tragedies when people cannot make a choice. This is not consequential on a single issue though, please bring forth all of the issues in a way that ordinary people can understand. This seat must stay a swing seat, the Supreme Court of the United States must remain non-partisan. Something in this country must remain non-partisan. And the laws of this country (all of them, big and little) must remain non-partisan.
3
Ireland legalized abortion because of national referendum. It looks like that's a better way to proceed than judicial fiat. The left might even win, even though they have spent years telling us that fundamental rights should not be determined at the ballot box.
I do not believe people were voting Trump to get a SC seat. They were voting economy. All this rhetoric about the people voting to fill the Court with conservatives is fiction. Evangelicals? Probably. If the consequence is that it goes back to the states, I'm fine with it. I live in a state composed of pretty educated people who know that religion is supposed to be separate from state and who believe in equal justice for all people, women's rights over their bodies and climate change. I guess I'm lucky. Let those who vote for these Republicans suffer the consequences.
Like George Will and Steve Schmidt, all the smart ones will move to the Democratic Party which is where the mainstream Republicans used to be.
Well, it seems to me that Democrats (of which I am one) don't really understand how to play this game: Perhaps we should vote in every election, make sure that in cities, counties, states, and at the federal level, we are voting. If Democrats control the state houses, and are in the majority at the federal level then the Supreme Court's decisions would be able to be modified legislatively. Laws are passed at the state and federal level by our legislatures after all - their constitutionality is decided by the Supreme Court (if brought before them) and even them, at a federal level, our congress can look at the ruling and write and pass legislation that can become law within the framework of any particular SCOTS decision . . . the Supreme Court does not have the final say here . . .so if you want to protect Choice, restore the Voting Rights Act, end Political Gerrymandering, restore the strength of Unions, etc. . . then VOTE for representation that will effectively advocate, write legislation and pass laws that do these things. The Supreme Court is important and whos sits on it is important (so yeah vote), but we elect our representatives and perhaps we should elect folks who reflect the values and desires of the majority of Americas - but to do that you have to VOTE in EVERY ELECTION.
1
Justice Scalia died in February of 2016 and McConnell blocked consideration of his replacement by the duly elected POTUS so "the people" could decide. This was something never done in the history of the United States and a blatant and flagrant assault on Constitutional and democratic norms. Presidents nominate judges, not "the people," and they are to be duly considered and voted on by the Senate. The Senate failed to fulfill its Constitutional duties.
I also point out that Obama received a healthy majority of the total US vote - both times he was elected by the electoral college - and so represented the people, unlike the current occupant who "lost" by 3 million votes.
Now we are much closer to an election, 6 months closer, as Justice Kennedy will retire on July 31. If McConnell is consistent in his blatant disregard for the Constitution, he will wait until "the people" decide again this November.
1
Majority leader McConnell should be forced to adhere to the standard he set postponing for a year any consideration of Obama's Supreme Court nomination until after the Election even though most Republicans had agreed Merrick Garland was supremely qualified and a centrist they'd usually confirm.
Senator McConnell told the country the seat must been held open until after the 2016 Election because the Voters must have a say about a decision whose ramifications are critical.
If now, with little more than 4 months to go until the Fall Elections it's completely hypocritical for McConnell to go forward with a nomination until after the people have spoken.
Leaders of any party who want any hope of holding Trump accountable, should Mueller find he colluded with Russia to interfere in our Elections should give this issue consideration.
I'm calling on Every Republican Senator who knows Trump has put our Enemy's before our Allies and is tossing out all norms, and all Democratic Leaders. PLEASE don't give an inch in this fight. The fate of Democracy may depend on YOU.
1
Elections have consequences. America is a participatory Democracy which simply put means every citizen has a duty to learn about and engage in our American form of Democracy for this grand experiment to survive.
For more than thirty years, we have been slowly give up our responsibilities as distraction replaces citizenship. it's never been easier to be distracted, computers, cable tv, cable sports, the proliferation caustic tv and talk shows, endless fear mongering, smart phones, and the greatest mind numbing of all, social media/facebook (and now weaponized by Russia).
There are many reason why Trump was able to get elected but no group should feel the burden more than the millennials who as a youthful large group failed to show up and vote. Ironic considering they will be the most to lose.
trump and Co. the moral/ethically atrophied Republicans stack the federal court system with younger judges and Supreme Court with pro-corporate anti-labor judges and because of their age they will hold their judge ships for a very long time. A long destructive path lies ahead.
I am encourage by the younger high school age students who acted and spoke out after the Florida school mass shooting. In their actions I see hope for the engaged citizen we need so badly in America future.
2
Kennedy retiring makes perfect sense. I mean the guy is 80 years old. If he retired with one year left in Trump's presidency the left would be screaming to let the next president pick. Now it is mostly assured that there is plenty of time left to pick a replacement.
It is so unfortunate that the power to control the Supreme Court nomination and confirmation process is left to just two people - Donald Trump and Mitch McConnell. Both are too blinded by their partisan politics to do anything reasonable. McConnell changes the rules to fit his own goals. Trump will do anything to please his conservative (religious) supporters. Neither one seems to care what the majority of people want. So much for democracy.
3
Personally, I'm indifferent as to who President Trump picks. I like Pryor, although he's 56, but most of the names on the list are fine. I would like the new justice to have gone to a law school whose university does not play Princeton twice a year in basketball.
Trump should wake up and take the opportunity to be a real leader and care for all Americans. There's a solid center of the road candidate with impeccable credentials that could help heal the country and restore the meaning of our law: Merrick Garland, very clearly
There are people in these comments saying that this predicament is the fault of the people who didn't vote; and others who say, it's the fault of the Clinton campaign.
Get real.
There was a lot going on in that election, but anyone who didn't realize the existential threat Trump represented to, say, Roe vs. Wade, wasn't paying any attention at all. If that was okay with them, fine. But there was never a time when Trump was shy about his litmus test for judges. There is really no excuse for not paying attention, for not taking the last election seriously. The time for being naïve is over. We're in the eye of the storm. And I believe it'll get worse before it gets better.
6
America is about to enter a medieval period of it's history. We've already been pointed in that direction by Citizens United that gave corporation personhood, and turned our democracy into a plutocracy.
1
Trump should be precluded from nominating anyone for 2 reasons:
1) the McConnell "wait until the election" excuse, which BTW for Garland's nomination was a full YEAR before the elections and Trump's will be one month before the elections.
And
2) There is a full ongoing investigation into Trump's campaign officials AND his personal attorney with multiple jurisdictions and multiple indictments.
If Trump nominates, the Democrats should do everything in their power to delay that vote.
1
The Republican Party is in a precarious position. I have always felt, their cynical skill, was in always promising but never delivering rollbacks on the civil rights front.
Segregation forever! Well, maybe not.
Overturn Roe v. Wade! Well, maybe not.
Marriage is defined by the Bible! Well, maybe not.
The difference between liberal and conservative legal action on these fronts, is that the Court has largely rolled culture further down the road it was already going. I do not think this is debatable.
But what the conservatives want, specifically the social conservatives, is to roll culture back. The Party never really delivered on their side, because it would be politically suicidal.
To actually undo reproductive rights? To actually undo gay rights?
Aside from the cultural mess such retrograde moves would cause, it would hang multiple albatrosses around the neck of the Republican Party.
The liberal trend of SCOTUS has been to roll law in the same direction of culture in general, making it heroic to many and nefarious to a few. If social conservatives gain control, SCOTUS would become reactionary, rolling against the direction of culture, making itself nefarious to many and heroic to a few.
If the Republicans want to hang their hat on that peg, good luck with that.
Blame the DNC for making sure Hillary survived any primary challenges and was assured of being our candidate. She was flawed, some of us didn't know it some of us didn't care, but she was probably the only person who could somehow figure out a way to lose to a reality TV star. Bill Clinton, again, did what was best for himself. It is indeed a sad day.
The republicans don't need a single democrat to confirm a supreme court judge. This is over, whomever Trump wants will be a done deal. We need an entire new generation of democrats to take over the party, Bill and Hillary and Wasserman-Shultz sold us down the river. In 2013 Mitch McConnell warned Democrats on going to a simple majority: “You’ll regret this, and you may regret this a lot sooner than you think."
1
But they need Collins and Murkowski, both of whom support abortion rights. They're our only hope now. Well, them and even preferably, a series of delays resulting in NO ONE being picked until after November.
This could have been avoided by having justices retire early during the start of the Obama administration.
Everyone and our planet looses with Trump and the GOP picking the next Supreme Court yes man. By not waiting until after mid terms to let the new congress vote shows how it is my way or the highway bully leadership the GOP operate . We need to march on Washington for that to happen and on the day Trump holds the so called talks with Putin would be poetic justice. I pray it happens. We have to stop evil every chance we can.
I was among the 94% of all voting African-American women who voted for Sec. Hillary Clinton (HRC) in Nov. '16 -- despite some longstanding misgivings -- because her civil and human rights bona fides dwarfed her opponent's.
I was born and raised in Philadelphia, PA, where decades of hard experience have taught African-American and left-of-center voters that purity tests have no place in a discerning voter's calculus on election day.
Having exercised this pragmatism in Madison, WI since 2009, I was horrified to realize before the 2016 election that many of my neighbors -- both here and in Milwaukee -- fixated upon HRC's real and imagined ills and vowed to either stay home, vote Jill Stein, or write in the name of Sen. Bernie Sanders on election day.
"But what about Roe v. Wade and Affirmative Action?" I'd splutter to such folks. "What about LGBTQ rights and union protections? The winner of the 2016 election will determine the Supreme Court's (SCOTUS) direction for generations!"
"The hard-won civil rights gains of recent decades aren't going anywhere," they'd admonish. "Besides HRC is shady" -- or "too centrist" or "needs to stay home with her grandbaby" -- and "voting Stein or avenging Bernie or not voting is my way of sending a message to Washington!"
Today's announcement of Justice Kennedy's long-rumored retirement and the GOP's vow to fill his SCOTUS vacancy "immediately" confirm that Washington, DC indeed received my neighbors' 2016 "message" -- loud and clear.
4
Conservative Judges do not interpret the Constitution any more faithfully than Liberal Judges. Those that are parroting this idea that Trump appointees will somehow be strict constructionists are not unlike bible literalists that refuse medical treatment choosing to give money to some charlatan faith healer, think the earth is flat and was created in a week, is 6000 years old, etc. Just what we need in this country, more zombies that don't bother to think for themselves and those that applaud such abjection.
It's interesting that so many commenters appear to think that this matters.
As long as literally anything (trade deficits, innocent people from other countries, etc.) can be classified as a "threat to national security" by this Administration, it won't matter who's wearing a robe. Rabid conservative policies are already running rampant and unchecked.
2
The Trump-Effect continues and has now reached the SCOTUS!
You know, Trump influences..rather uses pressure to prompt questioning judgement, then regret eventually sets in once the sobering reality of the consequences that awaits becomes clear. All that followed by life altering decisions like walking away from your achievements.
One might argue Kennedy's retirement's just coincidence. I think not.In fact, I find it curious. I mean right after a constitution-altering decision? Of which I'm sure they will address,possibly with regret,years down the line when we look back at this dysfunction we've gladly accepted.
Finally,Gorsuch's appointment pays off as he delivers.
I hope the Court does not swing too far to the right. The Court does have its moments but tends to move towards the middle and I think this Court is no exception. I do know the Court can be fiercely independent and while they may go in a decidedly conservative direction I doubt very much if they will serve as a rubber stamp for Trump policies. At least that is my fervent hope. With the Mad Infant King to be in the White House and Congress at least currently in control of the Republicans an independent and forthright Court that loves the law and the Constitution is essential to curb abuses of Presidential power and the advent of one party rule like in Russia and NK. Beware America the sideshow huckster living at 1600 Pennsylvania Avenue. Take all Trump's promises and even his accomplishments with a very hefty dose of skepticism. Do all you can to promote protest so that Trump knows he is not universally loved in America. Not everybody agrees with Trump. But always protest in a peaceful and reasonable manner. Do not make the mistake of stooping to Trump's level. That's one step closer to chaos and authoritarian rule. Remember this is the author of the scam and con game Trump University. Trump is a born con man.
That strategy has worked for him in the past. Why do you think Trump's going to change what's worked before?
constitution is America's only protection from abuses of Presidential power and a big move towards one party rule like in Russia and NK.
My only questions while reading this story are why? Why now? Was it just a spur of the moment thing? Seems odd that with everything that is going on in the country, a judge in such an importante position, i.e., centrism, decides to retire.
1
All the Bernie supporters who refused to vote for Clinton in the presidential election because they thought the Clinton campaign rigged the primaries or because they believed there was no difference between Clinton and Trump need to wake up, get over themselves, and get pragmatic in upcoming elections. Vote BLUE this November!
2
Why are you so angry at people who voted for Bernie when scores of people actually voted for Trump? I just don't get it! No one's even mad at Trump supporters anymore; they're all just blaming anyone who didn't vote for Hillary!
The Supreme Court is one of many institutions that I no longer believe fulfills its purpose in this democracy. It has been politicized and the justices themselves cannot seem to render rational decisions. Allowing corporations to be treated as individuals therefore allowing money to flood the political process and ultimately, sway it. Allowing municipalities to claim eminent domain over private property for the good of the community. Allowing bush to prevail over gore. Justice Thomas is an embarrassment. Justice Gorsuch is illegitimate. Someday perhaps we will wise up and require term limits for all our elected and appointed officials.
1
If the rule of law continues to be hijacked against the majority's wishes, expect an explosion. The way this country is headed is not sustainable.
Fairness and equity need to be expressed. Human rights must be upheld. Otherwise, all we have is a dictatorship.
All bets were called off when McConnell refused to let Merrick Garland come up for a vote. That was the end of the rule of law in this country because the reason the vote was never called was totally bogus - 11 months - almost a year from the end of President Obama's term. Now watch McConnell argue that the vote for Justice Kennedy's successor must be called immediately, even though there will be elections in November.
Such hypocrisy. It's like living in a third world country. I thought we were better than this, but I was wrong.
I wonder how Justice Ginsberg is feeling tonight?
Any pressure on her to live a bit longer?
Does she have six years left to serve?
2
Trump does not 'do' anything. He's a complete figure head.
This will activate more resistance to an out of step court.
"We the People..." is what this written social-political-contract begins with.Engraved by human energies.Dreams. Expectations.Enabled by limbs and lives of many. Stranger and friends.All of them REFUGEES from... and signed, on material of the times.By people who determined, selectively, who merited being a whole, respected, trusted, cared for
person.At that time. NOT "We the ideologically-bounded, excluding..." Long before two world wars and racial and gender discrimination in our armed forces.Long before the Civil War.Long before Republicans, as a party, existed, "birthing" rights, and responsibilities, that were skin-color-free. Long before the creation of the concept of "alt-facts;" the processes which enable its actions and outcomes.Long before the ongoing culture of elected and selected political leaders and a broad range of local to national policy makers being personally unnacountable for their harmful words and deeds.Long before words and deeds, known to be needed, that would help create and sustain equitable types, levels and qualities of well being, for ALL. The Constitution, a document of words which can never accurately transmit menschlich, material-less, norms, values, ethics which, touching our very BEING, can not be touched by human fingers.Whatever their position, influence and status. In our toxic, daily, enabled WE-THEY culture which violates targeted, created, "the others." Is this what that group of honored-white-males meant in Philadelphia THEN?
My Not Dear POTUS:
As "Swing-Person" I profoundly worry that in my absence the delicate balance could collapse into infinite reactionary chaos.
There is no telling the further damage coming, but Vladimir Putin's Peter The Great redux is reincarnated for doomsday destruction post November the Sixth when this nation could inevitably sink
It's been a hoot, but survival cannot be assured.
Sorrowfully if not ambiguously,
At a time when the country needs moderation Justice Kennedy chooses to retire. Fatigue, illness or family desires, couldn't he have waited until after the mid-term elections to see where this country stands on reactionary, conservative, moderate, liberal or progressive Congressional representation, which would impact what kind of individual gets nominated to the Supreme Court. Shame on you Justice Kennedy.
Dred Scott - Executive Order 9066 - Citizens United - Kennedy owns the last and for whatever good he did in other case before the SCOTUS, I will remember him for his opinion in that undemocratic decision. I thank him for his opinion on gay rights but what ever progress was made with that decision will be eroded by the flim-flam congress in cahoots with the soon-to-be super majority in the conservative SCOTUS. Enjoy your retirement.
Thank you Justice Kennedy. Now we can correct Obama's radicalism. Its what makes our Democracy great.
1
This is a catastrophe and the confirmation of the predicted end of American's leadership. China is overtaking the US and Europe is already fighting for its Independence. This Supreme Court will throw the USA the middle ages.
The only solution is civil disobedience.
So why does he choose to retire this summer, why not in the fall or winter after the mid-term election?
Because it's the end of the term, and probably, because he wants to.
1
Kennedy was a "swing vote". He swung this way and he swung that way depending on what kind of reviews he thought he would get from Linda Greenhouse or what side of bed he fell out of that morning. A true moderate, meaning a man of no principle, Kennedy's clerks concocted contortions that had more to do with People Magazine than anything in the Constitution. His popularity is based entirely on the fact that he sometimes voted with the liberals. No one ever quotes Kennedy's reasoning. He was nothing but a "swing vote" and he played it to the hilt. The minute Gorsuch was confirmed Kennedy's "swing vote" act was on the way out.
1
All this can be tied back to the blind ambitions of one woman and her corrupt enablers.
All the sudden fierce protesting of democrats and so called progressives over illegal immigration, where was the same fervor during that brief window when democrats ruled all 3 branches? Too many democrats were hurt and griping because their queen didn't win. So they punished the people by refusing to back the president ,who did win, on crucial issues. Their spitefulness is one of the reasons so many important issues were never addressed.
The real kicker was that the the self anointed queen lost again in 2016 despite all the collusion and corruption of her enablers. Don't worry though, they still have their millions and consulting fees. It's the little people that better worry.
I don't blame Trump or the republicans. They had their agenda and they fought hard for it. There has been no secret about what they want and what they stood for.
I blame those who pretended they were on the other side fighting for the people. They lied. They only had blind ambition for their queen and what she could do for them. Not only did they fail and trip over their own corruption but they were incompetent and reckless. Now the whole country suffers.
This is why I despise them more than I despise Trump or the republicans. At least the republicans never lied about or tried to hide how loathsome they could be.
1
Kennedy should stay on the Court as a placeholder simply as a way to atone for his egregious sin of backing the Citizens United decision which handed our electoral process and government over to ultra-right wing corporatists like the Kochs, Mercers, Wynns, Adelsons, etc. These are the people that have financed the right wing coup of 2016. It was the most destructive move the Supreme Court has made in modern history, maybe ever.
History indeed will not be kind to those like Kennedy who have aided and abetted the Roberts majority in their unending efforts to undermine our democracy. If American voters do not arise in great numbers to undo the Trumpist/GOP dictatorship we now live under, then say goodbye to democracy forever.
2
Go Trump! Nominate a clean conservative to the bench. This is exactly why you were elected. Don't mess it up.
1
People ARE allowed to retire, you know.
Politics have consumed us so much I find myself agog reading through the commenters’ thoughts re: Kennedy retiring only when they deem it the right time.
Get a grip. He has a right to enjoy his life how he wants (remember when he killed DOMA?) so relax. It’s over. He’s done. Doesn’t answer to you.
Who would have thought just a few years ago that Mitch McConnell, Vladimir Putin, and James Comey would have such a strong influence on the shape of the Supreme Court for the next 40 years? Remember McConnell stating he would hold off the nomination process for a year to give the American people a voice? The American people had expressed their voice- they elected Barack Obama, a president who had 25% of his term remaining when Scalia passed away....Remember Putin meddling in our election to support Donald Trump?....Remember James Comey announcing the continuing of the Clinton email investigation a few days before the election? Perhaps he's the easiest to blame but it's important to remember there is plenty of blame to go around including Clinton herself for calling Trump's supporters (Americans deserving the best from whomever their president might be) a 'basket of deplorables'.
Remove any of the three from the picture and we would have at least one of the most recent Supreme Court Justices selected by a Democrat. Remove either Putin or Comey's influence and a Democrat likely picks the replacement for Kennedy.
And let's not forget the 53% of white females that voted for Trump. Perhaps holding your nose and voting for Clinton doesn't seem so distasteful now. You have helped place Trump in a position to do irreparable damage to our democracy and specifically to women's rights.
3
Only 53% of women who actually voted did so for Trump (turnout was low, unfortunately.)
That's not the same as 53% of all women.
1
Yet another reason to thank The Almighty that Hillary Clinton, Inc. wasn't elected POTUS. And if the popular vote meme works for you then she can go be president of California. In the meantime those Trump supporters will get to bear the bitter fruits delivered to the left by the one and only Harry Reid. Thanks Harry.
Imagine a country where the SCOTUS bases decisions on legal reasoning instead of emotion and perceived historical disgruntlement. I hope Justice RBG is the next to go. MAGA.
It occurs to me that Kennedy is horribly clueless and out of touch if he is willing to hand the Con Don such an undeserved opportunity. It occurs to me that his opinions as a sitting Justice might have been equally clueless and disconnected.
Someone commented that Souter was a conservative and Obama replaced him with a liberal. This is incorrect.
Justice Souter was appointed by the Republican GHW Bush but he was not a partisan or a "conservative." He was a brilliant jurist with extensive experience as a prosecutor and also on the highest courts in New Hampshire. When he was nominated by Bush, I watched nearly all of his Senate confirmation hearings. It was clear he had a brilliant grasp of Constitutional law. He ended up voting more often with the liberal members of the court for reasons that should be obvious.
He was unlike Justice Scalia in this regard, who was also brilliant but partisan, something that the US does not need when deciding cases that affect us all.
2
Kennedy is not the centrist people claim. yes, he did vote for a few "individual rights" cases, to be sure. However on structural issues he was far right.
In Gore v Bush he voted to stop Florida from exercising the right of the state to recount all the votes.
In Citizens United he voted to allow unlimited funds of corporations to be used to purchase the government.
In other recent cases he overturned the Voting Rights Act and supported gerrymandering and opposes union rights..
Those votes, which attack the very structure of HOW the government operates are much more damaging than any particular vote on abortion. His votes , starting with the 2000 election, have had a devastating effect on democracy.
Kennedy was no moderate.
3
I am not from America: I do not get this. Either jurisdiction represents the constitution and law - than they have to follow it without political influence. In Germany we have the Bundesgerichtshof- and no one sees any political color in any of the judges. They simply follow the constitution and the law and decide derived from that - not influenced by any political tendencies because they are there to be NOT political. Otherwise there wouldn’t be a separation of power.
19
Please stop using the term "conservative" to describe right wing reactionaries.
30
You mean no more legislating from the bench? Obama got two Court picks and so should Trump. We need a Conservative Court that goes by the Constitution and not other country's laws. When Ginsberg retires, Trunp will get three picks! That would be really good!
9
Ginsberg has already named her clerks for the next TWO YEARS. She ain't retiring--she's living past 100.
You never know — the Democrats could hi-jack one of the openings and wait for the winner of the next presidential election to appoint; just a thought.
You make me laugh. A conservative court who has found that corporations are people and individuals have a personal right to self defense has nothing to do with upholding the Constitution. It's a right wing coup that we are witnessing, and the language you are using was consciously designed by the right wing propaganda mills to cloack this fact, if you are aware of that or not. I'm afraid you are not.
I'm no fan of Trump but as a conservative I will fully support him in appointing a Justice who will uphold the constitution. I will unite behind even a president I do not support in order to protect our Supreme Court. In this one case I say "Go Trump"!
9
So many comments about winners and losers...if we all don't start working together we will tear ourselves apart. Then we all lose.
Republicans and Democrats, a simple request : please try to work together. Otherwise you will all be out of jobs...Permanently.
8
Where were you when McConnell said he would oppose any and all initiatives issued by Obama?
2
This will be the end of a moderate America and the rise of fascism, if we allow it. Now is the time for Americans of conscience to rise up against the so-called conservatives eroding our personal freedoms and destroying this Republic and doing potentially irreversible damage to western civilization. Trump and his supporters must be stopped by any means necessary.
26
By "rise up" you mean, what? Voting is how Americans rise up, and so far they have voted for Trump and his ilk. We get the leases we deserve.
It will take 1968 level protests to turn this country around.
In his final act on the court J Kennedy sold out the American people and like some of his colleagues allowed himself to be bullied by the president. When these justices aren’t making millions selling books and lecturing they find the time to hear a few cases a year to let their elitist law clerks make them sound righteous. Kennedy should retire knowing he had removed the final leg of a Court that’s suppose to stand up to the president and congress. The constitution is the supreme law of the land not this orange haired clown sitting in the Oval Office.
20
The Supremes have always run a rigged game. Back at its inception no one cared because the Court had no clout. Not until Marbury v. Madison did it grow in stature. And as it grew it became evident how biased it could and would be. The supremes have always been a reflection of its Justices slants and prejudices no matter how forceful they deny it. Liberals vote with a liberal slant as do Conservatives in reverse. That is why the president now makes picks with complete political strategy in mind. That system does not produce justice. It produces exactly the outcome the nominator wants, and that if the furthest thing from justice.
DD
Manhattan
13
Justice Kennedy today simply became a political operative. Why now? Is it not to boost Trump and the GOP before an election? He could have waited three months? This concept of justice for life is a joke. Time for the people to elect justices and then confirm them every ten years. They are political tools as these 5-4 decisions demonstrate. If it was about the law, it would not happen every time a decision is purely politically based.
27
It is scary to think that one man - Justice Kennedy stands between a survivable Presidency - at most 8 years - and decades of legal interpretations by a Trump nominee to the Supreme Court. Considering his cabinet picks, (Sessions, Pruitt, Rick Perry? So America, you should be very concerned.
Justice Kennedy may be 81 years old, but he still looks healthier than RB Ginsburg - I truly believe she wants to retire, but hangs in trying to outlast Trump. Why did Justice Kennedy have to do this now? We can only hope for the best, that the next Supreme Court Justice is better than we hoped, or at least not as bad as we feared. If not, well we've been down this road before and survived. We don't have to look that far back for examples of rulings and decisions that have hurt this country. But the counter is legislative and the power of the voter when they decide to take action. What I am trying to say is - we will survive because fundamentally we are a nation constantly changing - absorbing the influences brought here from other countries, we accept and embrace the culture (eventually) and it becomes part of America. This is our true strength and part of our unique character. Ultimately that will decide the future.
10
You forgot the inexperienced Secretary of Education, DeVos. She has not even 1 day's experience as a school administrator or teacher. Her only interest is in promoting specialized schools i.e. think religious-oriented schools.
Terrible for America. Trump appointing is horrible. I believed that Gorsuch who has an amazing background would be his own man and see easily what Sonia Sotomayor expressed with perfect clarity. He went with the hard right conservative view and no one could add to Sotomayor’s legal and concise disagreement. America is at a pint of unprecedented challenges. Everyone is ignoring the inertia of global warming and the future with less water and food and an ocean that can’t possibly recover but there’s no effort to stop destroying it. Mankind is on a death course unless nations unite. The world sees the US as an oasis from their poverty and over population. We are not.
15
All is not lost.
The few Senators who have expressed some resistance to the Trump cult, Corker, McCain, Flake among others, must make a choice. Unlike the other Republicans who can always make the claim that the were true to their own beliefs, these few have divulged that they can resist the trumpian threats.
Let them act now, or forever be the cowards that history will define them. What it would take is a statement that they will oppose any nominee who has a partisan bias, such as all of those in the list of the Federalist Society. They can demand a jurist with the dedication to principles that transcend partisanship, which is the ideal of this Supreme Court.
That statement, and their acting on it, will allow them to be among those those of "Profiles of Courage " It's a short list but to be including will allow them to stand out from those that represent the falling from the ideals of our nation.
All it will take is two stalwarts, who will rise to the occasion.
13
McCain can’t or is unlikely to vote and probably could go with Trump who he bowed to at an important time.
“setting in motion a furious fight over the future of the Supreme Court”???
This fight was settled in November 2016. DT gets to pick the next SCOTUS. If I recall he even released his short list before the election. As difficult as it is to acknowledge this is what the country voted for.
5
The country did not vote for that lout. The Electoral College did — a non-democratic cabal established at the insistence of the original Southern slave-owning states. We have become a cosmopolitan country, like all first-would countries. But our electoral system gives preference to farmers (read: the slave/agrarian economy of the 18th Century). We are weakened on the world stage by this hold-over, not strengthened.
The people did NOT vote for this; they voted for Hillary. It was the Electoral College that voted for this.
Were you upset when Mitch McConnell blocked Obama’s pick?
The choice is Putin's. Good thing there's a "summit" coming up.
15
It was an interesting experiment while it lasted - but it is a failure and states should plan for their individual futures forming new ties and removing old millstones (red sates) too many states are welfare collectors at the expense of Blue States both financially and morally - it is time to bring this to and end - the opportunity presented itself after the civil war - the same mistake should not be made again.
9
Not 'can' shift court to the right. "Will". It's a given. And if we Ginsberg retires any time soon, we'll ensure the next generation of normality at the SCOTUS.
3
Our system of government has been totally corrupted and is no longer functional. This is not what the forefathers intended, they are spinning in their graves.
9
With Justice Anthony Kennedy's announced retirement and the Supreme Court turning ultra right not only the three branches of the US government will be one single entity but there will be little that will make the US different from rest of the authoritarian regimes in the world. This will be a beginning of a reverse journey to the imperial past, at least for the next elections when things might change for the better.
14
For Justice Kennedy to resign now, at this most critical time for our country, there must be more going on that has been said - like perhaps he's facing a grave illness. It's hard to believe he'd leave the court exposed to more appointments from the most destructive administration this country has ever had.
7
Justice Kennedy chose to retire at the most poignant time. That will be his legacy.
4
All three branches of our government are working against the country that the founding fathers had envisioned.
They have siezed it for their own personal gain.
I guess that it’s up to “We the People” now.
It’s the only hope left.
6
But they’ve got all the guns.
Let's all ask Justice Kennedy not to retire, please, please, please. For the love of this country.
2
I'm tired of all this nonsense about needing to appoint a conservative or liberal judge to the Supreme Court. What we should be looking at are their credentials and what they've done so far during their tenures.
That being said, I despise Mitch McConnell for blocking Judge Garland's appointment because of ideology. Judge Garland was neither overtly conservative nor liberal, and was rated as "unanimously well-qualified" by the American Bar Association, its highest rating.
Shame on you, McConnell! Ideology should never be considered over achievements and ability! Stooges like you are the reason why even our Supreme Court has become such a partisan issue!
18
Don't blame McConnell. He is simply following the Republican plan.
As a woman and mother of young women, I am despondent that Justice Kennedy has chosen this time to retire. His decision to let Trump appoint a judge who will probably oversee the overturning of Roe V Wade will have very real consequences for the lives and well being of all women in our society - young and old. We will be going back to a time when men are given power over the lives and choices of women. I also feel for all those who are brown, black, lgbtq, and non-citizens. It is a sad day for the prospects of the that foundational principle - justice for all
20
Thank you, Justice Kennedy, for 30 years of conscientious service to the American people. Your work has protected us from baser interests and sometimes from ourselves. Go in good health, sir. We are ever in your debt.
4
No thanks to Kennedy. He could have waited until after mid terms.
He will be remembered for this.
Bye Felicia - persona non grata
Share my thoughts??? I'm almost numb.
I keep wanting to turn the clock back and scream at Obama to come off his high perch and come out swinging at McConnell
when he blocked Garland.. And to stop being so even handed not wanting to let out that Russians were messing around for Trump for fear it would look like he was helping Clinton....SO WHAT !!!??? Is this what we get because we had a president we fought for, but who didn't deign to get into the political gutter to fight for us? I can't turn the clock back and it makes me sick with a feeling of helplessness. This country is heading into darkness.
12
The Handmaid’s Tale is looking increasingly prescient. Leaders using religious ideas to control the masses, while privately not following those same ideas. Children being separated from their mothers at the border. Conflict with Canada. Now, women’s reproductive rights and gay rights look to be at risk.
18
To all those on the left who can't be bothered with voting for the less-than-ideal candidates in presidential elections: I hope you're seeing the damage one man can do and the power he has to shape the future of the Supreme Court for a generation.
20
Let's be clear. It is a virtual certainty that an alt-Right judge will be confirmed before the Midterm elections. We just need to count the votes.
The several Democratic Senators in Red States will be under terrible pressure to vote for Trump's nominee. If they resist, they risk losing the election, and should they, this will give Republicans continued control of the Senate. If Trump's initial nominee is rejected and the Senate remains in Republican control--an almost completely predictable scenario--he will just put up another horrible candidate after the November elections.
We are sunk. Just kiss goodbye all social programs, women's choice, gay rights, gun control, immigration rights, and all our civil rights. For the rest of our lives.
8
Even conservative presidents who attempt to appoint conservative justices don't always succeed.
Ike's appointment was Earl Warren:
Opinions in which Earl Warren played a key role included: Brown vs. Board of Education, which overturned the separate but equal standard for education in Plessy v Ferguson; one man, one vote, Baker v. Carr; Gideon v. Wainwright, guaranteeing 6th amendment right to counsel for the indigent; Mapp v. Ohio, excluding evidence found in illegal police searches; Miranda v. Arizona; Engel v. Vitale, prohibiting school prayer; and Griswold v. Connecticut, ensuring the right to privacy and to purchase contraceptives.
Earl Warren even attempted to retire during LBJ's term, but LBJ couldn't get his nominee through.
Nixon then nominated Warren Burger, who wrote the unanimous decision, US v. Nixon, rebuking Nixon's assertion of executive privilege during Watergate; and Roe v. Wade; and Swan vs. Charlotte, upholding busing to combat desegregation; US v. US District Court upholding search and seizure requirements and Fourth Amendment rights generally.
My point is simply, that even when a president attempts to nominate a conservative justice to the Supreme Court, that justice doesn't always rule the way the president who appointed him would have preferred.
So don't worry so much about this appointment.
3
Ike knew perfectly well Warren wasn't a conservative. But he had made a deal for Warren's support in 1952. Brennan, though, is less excusable.
Why now? Why couldn't he have waited until after the November elections? Says partisanship to me - and I thought the SC was supposed to be above partisan ship? Silly me - still hoping for something sane.
9
The radically unequal apportionment in the Senate only intensifies the atrocity of the Electoral College by making large numbers of people utterly irrelevant to the vetting of appointed federal jurists. What an utter mess this nation is.
9
Justice Kennedy was supposed to be a Conservative when he was appointed.However,over the period of time he became a moderate. That may happen again with a new appointee or even with an existing appointee. I don't think Chief Justice Roberts will let the Supreme Court swing too far Right.
4
No president under active investigation for the crimes of bank fraud, wire fraud, money laundering, conspiracy, obstruction of justice, witness tampering, etc. should be allowed to make a nomination with such long lasting implications for the country. How do you remove a Supreme Court justice member who nomination is tainted by a so-called president who ultimately is tried for treason!
14
I am very grateful to Justice Kennedy for his decisions supporting choice and gay rights but in many ways he was not at all moderate when deciding for business over labor, for unlimited money in campaigns which empowered wealth as the most powerful political tool and expanded religious rights far beyond what the founders would have concurred with.
Justices Souter, Stevens and O'Connor were most often willing to meet Democrats in the middle even though they were all appointed by Republican presidents.
2
I'm sorry. Giving Trump, Mitch and Ryan the shoe in before the mid terms will now be his legacy. His decision to retire now means he's on board to allow the court to be dominated by Anthony Scalia's disingenuous expansive excuses for the White guys who wrote The Constitution to, nod and a wink, keep our country White.
I appreciate his support of gay rights, but let's call a spade a spade, that is every case that challenged the equal rights position of gay discrimination was decided in the positive by him when the plaintives were White.
It's assured his white conservative late 40's replacement will be the nail in the coffin to #me too, black lives matter, and Roe v Wade.
Unless we find out he's terminally ill he has sold this country to an irreparable state for at least the next 30 years.
8
Another partisan, unpatriotic move by a Republican appointed justice who is supposed to have the best interests of the country at heart. Is he not aware that the president is currently under investigation by a special prosecutor for obstruction of justice and possibly much worse? He timed his retirement not only to come before the mid-term elections, but also to beat any further indictments or reports from Robert Mueller that might cast doubts on this president's fitness to appoint another Supreme Court justice. Let's remember that this is a justice who was one of the 5-4 majority in Bush v. Gore. Party first, country second right to the end. Good riddance.
6
Justice Kennedy leaves the Court with the polite, repressed, hard conservative, same-gender-married, corporate businessperson political contributor satisfied. Others, hardly. His legacy reflects the limited worldview and parochial interests of his background.
6
When we take back the House and oust Trump, we Must reverse trump appointees as poisoned as is trump.
We need to think now about how to restore democracy and reverse the pillaging of the country that is happening by every trump appointee in every area of government.
We must revoke trump's SC appointments as well as the decimation of reasoned, judicious administration of government across every area of government.
2
Take heart, fellow liberals, and don’t despair.
Republicans don’t have a mandate. For example, they will have to think long and hard about overturning Roe. Most Americans believe abortion should ne legal to some extent or other. Meanwhile, Collins and Murkowski are pro choice, and Don has ticked off Flake, Corker, and McCain to a large extent.
Also, those who support a return to the 19th century are dying off. Who is taking their place? Young people like the Parkland kids. Kids like the ones in Georgia who raised more than $13,000 dollars this week to help reunite southern border asylum-seekers and their children. Younger generations, including in rural areas, simply are more open-minded than their grandparents. Jobs and health insurance and culture is concetrated in cities now, which provide rich opportunities for learning and the exchange of ideas. It helps lessen the effects of Republican cheating and theft.
Things seem dark, and they may be so for a while. But as the old saying goes - Dr. King, I think - the arc of a moral universe bends toward justice. Democrats will control government again, either very soon or in the near future, and we will be the better for it. The fight won’t be easy, but eventually, we will win.
15
Democracy is dead. The SCOTUS will now turn back the clock 50 years. This is a very sad day. The GOP got exactly what they wanted.
5
And the three men I admired most, father, son and holy ghost, took the last train to the coast the day the music died.
5
This is a big ‘if’ - but if Democrats take control of a Congress and the Presidency in 2018 and 2020 they should seriously consider FDR’s solution to an intransigent court and expand the Court to include 13 justices instead of the current 9. There is every indication that the current President and Congress is a rearguard of a decaying, outdated conservatism. There is no reason they should have a strangle-hold on American progress for the next generation or more.
The GOP has shown it will play dirty for control of the court. Democrats should now play dirty too. Stack the court in 2020.
10
There desperately needs to be term limits on Supreme Court Justices. Who on earth thinks anyone should serve for life in any capacity?
5
Well, the founding fathers who first wrote the rules here. And the British who decided that their King or Queen should serve for life. I guess there are a few dozen others you can find online if you look further, but I think you get the idea.
My first response was - why now?
Justice Kennedy has led a distinguished legal career. He has been a bastion in defending the courts against ever encroaching executive authority.
And yet, at this critical juncture in American political life - he hands over an unparalleled moment to influence the arc of the nation - to a person who seems to represent the very antithesis of his life’s work.
Happy for his personal valediction. Anguished for where this leaves the United States.
9
I can't think of a moment/juncture in my middle-aged lifetime that has not been critical.
Kenneth
----and how does one hand over a moment?
Half the country are happy, a quarter are sad, the remaining quarter may discover in their own time, how momentous this day was for Constitutional Democracy.
Upward and Onward!
1
Why can't this resignation wait until December 31?
3
Maybe it has something to do with the SC calendar..the end of a session perhaps.
As much disdain, I have for the 8 years prior to Trump...I am not Gloating over this in a Partisan way what so ever, any Judge that can make it to this level of Law has earned it, there is Lots of Work to be done and this is Not the time to bicker but seek Fair Laws for All/Amen^
Elections matter and voting shouldn't be taken for granted. My party The Dem's have been crying all day since hearing of Kennedy's retirement. I am not a fan of abortion but I do believe I can't dictate to someone what to do with their body.. Trump told us in the election that if he got the right judges he would would like to see Roe v Wade overturned. If the Dem's steel their spines and do to McConnell what he did to them there will be no vote on any nominee until after the election in November. So instead of running around like Chicken Little predicting the sky is falling the Dem's need to do something they have not done in years. They need to fight and if they don't know how to fight they need to learn quickly. Anything worth having is worth fighting for. Instead of calling for restraint they should be gathering the pitchforks and leading the charge.
5
The stench of Trump will be gone but a 5-4 count will be with us for decades...why she had to win!
4
Kennedy shows his true colors by failing to wait until the will of the people was known after the mid-term election, just as O'Connor should have waited until GW Bush left office before retiring. Instead, we will soon have an unbreakable reactionary majority on the so-called "Supreme" Court, one that could last for generations and do possible irreparable damage to U.S. democracy. These people may be great lawyers, but they are lousy patriots.
I will never ever vote for a Republican again.
14
Upon reading about Justice Kennedy's retirement I am shocked and really worried about the young women who may see rights we take for granted being taken away from them and I am wondering how many of those evangelicals are there who are about to remake the laws of our country
4
I'd like to suggest he nominate Barack Obama to the Supreme Court of the United States.
14
I don't care about the fawning praise being heaped on Kennedy, any good he did for the country on social issues is going to be obliterated by the next SCOTUS Justice. Kennedy will have no one but himself to blame when his good work is erased.
5
It's the end of the line, folks.
Once Trump nominates, and the Republican Senate rubber-stamps his Gorsuch-type (or worse) nominee for SCOTUS, the following will happen:
1. Rowe v. Wade will be overturned.
2. No Muslims will be given a visa to the U.S.
3. No hideous policy by Scott Pruitt and his ilk in any federal agency will ever be overturned.
4. Non-white voters will be gerrymandered out of existence.
5. Anything Trump wants to do to close our southern border will be rubber-stamped.
6. No gun controls will ever be upheld.
7. Privacy rights will be trampled.
8. Discrimination of all types against the LGBTQ community will be allowed to run rampant.
9. Giant crosses on public land will be allowed to remain.
10. The protections provided to our free press will be severely curtailed.
And that's just for starters.
12
Wow. The fear-mongerers really did a number on you!
If a Democrat was president, they wouldn't give a second thought to stacking the court.
This partisan backlash is a bitter pill for them.
2
A Russian installed puppet president has all the power to remake the laws in this country for generations to come. The irony that someone who has no regard for justice gets to be the arbiter of justice for the entire nation is staggering.
14
These Trump supporters crowing better hope they and their families have no pre-existing conditions. They are about to be treated like the Harley-Davidson workers.
16
I want to go back to the days when the worst thing I thought Trump could do was embarrass our country on the world stage.
13
If McConell had an ounce of honor in his bones, he'd publicly push for a Merrick Garland nomination.
5
I can understand that Justice Kennedy is ready to retire, but I’m disappointed that he didn’t wait until after the midterm elections. Trump and McConnell will replace him with another ultra conservative judge, and we know what that means for progressives.
10
It is at all conceivable that Justice Anthony Kennedy could find it in his heart to remain on the Supreme Court until the second week in November — to spare the United States the indignity of watching Mitch McConnell discard his own rule and put the country through the agonizing histrionics of a political brawl over the nomination of Justice Kennedy’s replacement?
6
What a great week for America!
The SC cements the Presidential right to protect America and its citizens upholding his lawful travel ban.
It rightfully agreed that coerced speech isn’t lawful or free speech by disallowing the California rule mandating adoption clinics post nearest abortion clinics and costs.
Then thankfully stopped the forced donations to democrat cronyism from the union leadership.
America has had a great week for its citizens and the rule of law.
Add to it President Trump can appoint a Constitutionalist to the SC, solidifies this as one OUR President’s term and America.
America won. Radicalism and hate lost!
4
What does "Constitutionalist" mean?
I think all of the judges are required to uphold the Constitution and interpret laws.
Maybe they teach something different in Connecticut.
Dems are in trouble, our leaders in Congress are either too old or too bound to protect our allies to worry about fellow Dems.
My God Man what has happened to this country!
3
Thank goodness: we can subtly continue to isolate LGBT with an anti-science smirk cloaked in religious piety, ignore global warming, advance gun killings and weaponry, and otherwise augment the majesty and power of government over its people's civil rights. Let rank partisanship burn the place to the ground and let Donald J. Trump strike the match - if ever there was a man born to commit this level of arson, it is him.
12
My first priority in voting is to get a Democratic appointed majority on the Supreme Court - it's been more than a generation since we've enjoyed that comfort. To achieve that goal, I know I have to vote for the Democrat running for president.
In 2016, a lot of Democrats flipped off the Democratic nominee and the Republicans united behind a man many of them couldn't stand because they understood that was the only way they could control the Supreme Court.
Until Democrats accept this truth, a hateful, revengeful and anti-democratic minority of Americans will control this country with the goal of diminishing every freedom we have taken for granted for far too long.
Vote in 2018 as though your life depended on it. It does.
21
Democratic majority on the supreme court? Let this sink in: there isn’t going to be a democrat majority on the supreme court for the rest of your life. It won’t even have a swing vote. The game is over.
If you'd like some help, the last time there was a Democrat-appointed majority was 1971.
Knowing that he planned to retire, Justice Kennedy should have abstained from controversial votes on the Muslim ban and abortion. He should have left such 5:4 decisions to the next Court.
4
With all due respect to 81 yr. old Justice Kennedy, but couldn't he have waited it out until fall to announce this? 3 months? The US is on the brink of civil war already.
12
shouldn't a nomination wait until the people speak in the midterms? this is too important we need to let the people decide
5
The people don’t decide justices...
Now we can get a strict constitutionalist who doesn't legislate from the bench for once. Republicans need to get the new nominee in before the midterms.
3
Well, this means two things.
First, Trump will be POTUS until Jan. 2021.
There will never be 70 Senate votes to remove him from office via impeachment, and this SCOTUS appointment will guarantee this will be Mueller's ultimate outcome _ https://www.wsj.com/articles/muellers-fruit-of-the-poisonous-tree-152970...
Second, voter identification laws implemented by states will begin to be approved and enforced rigorously.
1
“‘The Senate stands ready to fulfill its constitutional role by offering advice and consent on President Trump’s nominee to fill this vacancy,’ Mr. McConnell, Republican of Kentucky and the majority leader, said....”
That’s rich.
7
Just as Dred Scott is the only thing for which Justice Taney is known, Citizens United will be the infamous decision for which Kennedy is remembered.
8
Good luck guys, sure you had a good run at being a democracy where freedom of will was supreme, but now you’re likely reverting to backwards Puritan days.
Still, it was nice while it lasted.
“Yet as our hair turns white,
All the stars still shine so bright, above.
At least,
It's not the end of the world.”
2
The three moderate Republican women can change this. They can’t afford to lose any of them with Sen. McCain out sick. At the very least, if the Republicans know they don’t have the votes for a Scalia-like hardliner, they might be might nominate a moderate, one who ISN’T pro life, in order to get their nominee confirmed.
Dems need to redouble their efforts on midterms and 2020. Engage groups that never or seldom vote (that’s 50%!). Engage Millennials. 85 million of them can vote in midterms.
If all fails, if we can win in 2020, add more Justices. There isn’t anything in Constitution that says it must be 9. The number has varied before. Add 2 more liberals. If the abortion issue doesn’t bring out Dems in full alert, nothing will.
5
In just 1-1/2 years we have moved from mirroring Germany 1933 to Germany 1935-36. One more right-wing jurist on the Supreme Court and the only rights left will be protections for hard-line “Christians”, vulture capitalists, polluting industries and gun owners.
15
THE MOST IMPORTANT AND URGENT TASKS RIGHT NOW IS THE POSSIBLE CRIMES AND SUBORDINATION OF THE TRUMPS AND DOZENS OF THEIR ASSOCIATES AND CAMPAIGN OFFICIALS TO THE RUSSIAN SPY NETWORKS.
McConnell should have also paid more attention to Trump's emoluments violations, including though not limited to, the Chinese loan of 500 million to the Trump Organization in Indonesia.
Silence is equivalent to complicity.
The Kennedy replacement can be delayed until after the mod-term elections.
16
Will we ever get past framing our political discourse about Supreme Court justices and politicians in terms of "conservative" and "liberal"?
Based on the text of the Preamble, the purpose of our Constitution is clear:"to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity..."
Although It is understandable that we can have disagreement on how best to attain the ideals enumerated in the Preamble, there should be no disagreement regarding the goals. The pursuit and attainment of these goals should be the only measure used in evaluating the success or failure of those serving in our executive, legislative, and judicial branches of government. Neither "liberal" nor "conservative" is the measure, although our current political discourse could lead us to believe otherwise, unfortunately.
2
Before everyone runs off heaping praise and accolades on Justice Kennedy, I make the following observation. Kennedy hasn't been asleep these past two years. He's seen and watched Trumps erratic behavior, his outlandish tweets. He's heard him say the press is the enemy of the people. He's heard him berate the justice department, the FBI, and the court system. He's heard his racist rants about judges with Mexican heritage. Equating white supremacists and Nazis with protesters. And he must know that Trump will nominate judges to replace him with pro life judges. Trump said so himself during the campaign. And if Roe vs, Wade is repealed, he will be as much to blame as his potential replacement.
29
Interesting that the sensible and moderate Kennedy is offering this gift to Trump and the Republicans. Seems to me that he is signaling his concern that the country is dangerously veering to far to the left. I agree with him.
3
I'm sort of interested to see who they pick. All the cretins I'm seeing mentioned (Giuliani, Sessions) are too old. I'll take that as a blessing, but does Steven Miller have a twin with enough of a legal veneer to get confirmed? Or maybe they can stuff Devin Nunes in there, continuing the theme of appointing ill qualified, graft-ridden people to posts as a matter of quid pro quo.
8
Time to stick it to McConnell and the GOP... the gloves come off. No more mr. nice guy Democrats.
to Schumer and Durbin: Hold the Line
21
This is the worst news I've heard since Trump was elected.
42
Democratic Senators need to Fillibuster!
16
They can’t gop has 51 senators. Time to vote out the gop sellouts.
They can’t filibuster a Court vote anymore.
4
The media continually reports that there are 4 liberal and 5 conservative Justices, giving Justice Kennedy credit for occasionally swinging on Libertarian issues. I wish that someone in the media would report on Justice Breyer’s record in its entirety which has been much more bipartisan than any other Justice on the Supreme Court. A report on Justices’ records was published a number of years ago and didn’t include the more recent additions to the Court. My point of course is that it is a liberal Justice, Justice Breyer, who is the most open minded and fair!
12
I can’t believe that liberals are unhappy to see Kennedy go. In a normal world, he would be on the right wing of the court. Unfortunately it’s so packed that he is the middle.
We are going to go through some pain as the fabric of the country is torn down. Hopefully it recovers and emerges from this shameful period where kids are snatched from their parents.
Actually, its tragic that we place existential importance on the confirmation of a single justice to the Supreme Court. Courts should be intended to be the last resort of Citizens for redress or to clarify an ambiguous law. Our legislature was created as the place to litigate our differences, compromise and create, mutually agreed upon law. Necessarily, these laws satisfy neither poles of the opposite party; they are moderate, even humble, creations of the vast middle of the populace. We have seen that when compromise is impossible, legislation is impossible and we come to rely on jurist partisans to settle the critical questions we fail to resolve. The selection of a single justice will not resolve our problem. Only the commitment to meaningfully compromise, yes on critical issues previously settled (Roe v Wade) or unsettled (immigration), will allow durable legislation we can, perhaps grudgingly agree on, or at least, live with. Nine unelected jurists should not decide what we all need to work out, no matter how painful.
25
If Sen. Mitch McConnell tries to rush through whatever choice President Trump nominates to take Kennedy's Supreme Court seat, McConnell will win the "Hypocrite Forever Award." Unfortunately, McConnell and his party are obviously very comfortable with hypocrisy. I suspect that they view it as a useful, positive tool.
47
As if the Democrats don’t play hardball...
Next time around, to keep your agenda moving forward, don’t rely on a candidate widely perceived to be venal and duplicitous, and never rely on a candidate who calls half the electorate ‘deplorable.’
3
They consider that sobriquet a richly deserved compliment.
Dave: Long history of people adopting campaign slogans directed at them, as complements. The whole "log cabin" bit started as an attempt to denigrate W.H. Harrison.
What did Bernie and most Trump voters have in common? They both voted against their self interest. A Hillary appointee would have been progressive, or at least liberal. But with Trump shaping the court, the changes Bernie voters wanted will have to wait for their grandkids to push for.
52
Perhaps it is time for a Compromise,
does any remember those old fashioned ways of
resolving conflicts in America.
Suppose, just suppose, don't start yelling yet
the following.
Justice Ginsborg agrees to retire.
Trump promises to appoint a moderate Liberal to
replace her - why Judge Garland is probably still
willing and ready.
Trump then promised to appoint a moderate conservative - why he could even appoint me -
I am more than willing, ready and qualified.
Isn't that a nice Compromise ?
2
No. It benefits you more than it would Republicans. I'd rather bet on Father Time against Justice Ginsburg. Father Time hasn't lost one yet.
1
You’d trust the GOP and/or Trump? Ha!
1
I don't trust Trump to keep to any deal.
2
Focus on elections rather than court stacking. Democratically-determined laws and constitutional amendments can override any court decision.
30
I see no evidence that "Congress shall make no law respecting an establishment of religion" is even considered a law by the Supreme Court majority. They flat out ignore the plainest language in the Bill of Rights.
4
It is time to start talking about packing the court. There is no constitutional prohibition to increasing the number of justices on the court to 12 or more. Franklin Roosevelt failed but not on constitutional grounds; he simply couldn’t pass his bill. As far as a know there is no reason we can’t try again. The next Democratic President should increase the number of judges until there is a Democratic majority.
The argument for doing it is simple. Republicans broke the norm that a sitting President should be allowed to appoint a nominee to the court if that nominee is not out of the mainstream, Merritt Garland was a moderate. When they refused to let a sitting President, President Obama, appoint a justice to the court, they deprived the Democratic majority of this country a chance to create a more moderate court. This norm breaking must not be left unanswered and must have consequences. That consequence is the packing of the court to correct the balance that should have been.
If the next Democratic President has the votes and a mandate for progressive change then he mustn’t allow a Supreme Court that never should have been to be an impediment to that change. He must pack the court!
8
And then the next Republican president/Congress can increase the size of the court until they are in control, what a great idea!!!
Even if dems win big in 2020 they won’t take back 2/3 of the state legislators. I am glad the court won’t be changing based on some crazy liberal fantasy.
Elections and politics have consequences. Don’t forget, it was Democrats that used the “ nuclear option” with regards to Senate rules and it is their short-sidedness that destroyed tradition and paved the way for Republicans to get a nomination through without worry of a filibuster.
1
Why does it have to be a “he”?
2
They used the nuclear option for non-Supreme Court nominees because Republicans were blocking almost all of Obama's judicial appointments. It is Republicans who act without restraint first and Democrats must respond in kind until they stop.
What a great piece of luck for the reactionaries, they may actually have the votes not only to make abortion illegal, but find the income tax to be unconstitutional, along with restrictions upon religious observances in public institutions, along with taxing all taxpayers to support anything with which they disagree, including Medicare, Medicaid, and no more employer contributions to Social Security. No more Food and Drug Administration imposed costly controls upon businesses. Yes, every program imposed upon everyone since the gilded age by progressives will be targeted to end now that there is a Supreme Court who are all not just conservative but reactionary.
6
".. setting in motion a furious fight over the future of the Supreme Court ..." In fact, it is hopeless, and the fight is already over. The Senate Republicans stole the seat now occupied by Gorsuch. In the process - at Trump's urging - they destroyed the centuries-old filibuster defense because it suited them at the time. After all that do you think they will stop for a moment to listen to impassioned arguments from Democrats if they don't have to? Even if the Senate flips to Democratic control in the midterm elections, I expect that long before then Trump will have identified and the Senate will have approved by a bare majority another far right ideology, cementing a solid, deeply conservative majority that will set back individual rights and the country for decades to come.
28
The filibuster was recognition of the profoundly unrepresentative nature of the Senate. Giving each senator a veto was a compensation for this fatal flaw of legitimacy.
1
I look forward to the Democrats on the Floor arguing, stalling, using all the twists and turns of Roberts Rules of Order they can create, and speaking through the night and the next night, on and on. It’s a Herculean task for the Dems but our democracy is at stake. We must call our Democratic officials and encourage them along the way to massive resistance. We must also resist. Our country is in peril.
22
"I think that selecting a Supreme Court justice who is outstanding and the best, when I say the best, I think that it's important that he be the best, and this is the most important thing that you can do. He must have the best words, even better than the best, and from the list I have, he will be from the very best on that list, which is a good list. It's important to have a good list, and to pick the one with the best words, because our country must have strong borders, and to bring jobs back. So my nominee will be for strong borders, and bringing back jobs, and will be great with words - all words. And they will be the very best on the list, which is a good list. I will nominate the best Supreme Court justice that has ever been nominated - he's going to be so good, you won't believe it. My Supreme Court nominee will be such a winner. You will be tired of winning when my nominee is on the Supreme Court because you're going to be doing so much winning. You're going to be winning with a strong border, and so many other things. Because this is going to be the best Supreme Court. It's going to be great. And you're gonna love it.
12
Trump is going to appoint a pro-business judge like Gorsuch, even further to the right on social issues of gender, race, and workers’ rights. Over the next decade, this court will further the ongoing transformation of the federal government into a corporate dominated, monolithic power, suppressing diversity and individual rights. Many liberals and Democrats keep hoping the Mueller investigation, the ‘18 election, or some other miracle will free them. The Presidency, Congress, and Supreme Court are run by the corporate .01% on every issue—taxes and social spending, public schools, unions, women’s health, policing and criminal justice, foreign military incursions. We’ve lost the government; let’s own the streets and protest—build the Resistance.
7
If there were severe public pressure, could Kennedy withdraw his resignation? Does he really not understand the long-term damage he's doing -- and allowing a President who is currently under investigation by a special counsel to name his replacement?
10
I think this is a setup. Kennedy was told to go now and he did, for reasons unknown. This leaves trump and friends open to nominating and appointing a right wing white male justice. This republicans are assured of their agenda no matter what changes in November. Trump gets a justice who agrees up front to massive pardons of the whole motley trump crew. Their mutually destructive mission is accomplished.
1
Of course Republican conservative Justice Kennedy understands perfectly what he is putting into play and what chaos will reign. That's why he didn't delay his retirement till after the midterms.
But Bengal, maybe Justice Kennedy really wanted to retire when a Republican President was at the helm? I am sickened to the core.
I know that some composer, somewhere, is drafting a new opera,"Trump", in which, in Act I, scene IV, the singer in the title role, drunk with power over his latest windfall, is exultant with the prospect of replacing the next-to-retire supreme court justice, bringing him steps closer to fulfilling his vision of absolute world dominance.
8
The Supreme Court will now take an even sharper and possibly irreversible turn to the right. For that we can thank trump and mcconnell. For them we can thank the media that in 2016 failed to shine a bright light on the trump campaign and educate Americans about this shameful president and we can thank the sanctimonious democrats and others who couldn't bring themselves to vote for Hillary Clinton who had been badly tarnished by sanders and by comey and the FBI. Gay rights, women's rights, voting rights, healthcare, environmental protection, gun regulation, limits on gerrymandering and campaign finance reform will be stifled and may be eliminated entirely under this new court. Elections, votes and voters have consequences. If you had any role in electing trump, shame on you. We start trying to rebuild in November. VOTE!
22
And they expect people not to yell at them in public. Ha!
1
As a Republican, its hard not to celebrate life and now a retirement of this Justice.
Mr. Kennedy for the most part lived up to his billings as an appointee of a Republican - unlike Justice Souter.
So, we are grateful that he lived up to what we thought of him following Republican views on law.
Now, much is made about his successor and it has been portrayed as a capitulation of us Republicans to a POTUS that many of us had not supported.
But hey, as it has been said, better be born lucky than be good.
This POTUS was indeed born lucky - that's for sure - with a silver foot in his mouth.
And he has been an excellent Republican president - more Republican than even Jeb Bush.
So, his and our luck continues with his now a grand opportunity to tilt the Court to what we had during Chief Justice Rehnquist rule.
God works in mysterious ways - and he has indeed thrown a curve ball to Democrats who just struck out - big time.
9
Yes, Neil. God saw that Trump was elected President. He approves of the daily stream of negative, mean, divisive and abusive rhetoric that comes from the WH. The ugliness in this country is palpable and it has never been more divided since it’s creation.
I’m sure this was God’s plan.
2
Jesus wants the GOP to lock up little children? American right-wing Christianity seems to differ greatly from the Christianity prevalent throughout most of the planet.
2
I am more frightened than I have been at any time in my adult life. I don't know what to do or where to turn. This is a new and very unsettling feeling. Senate Dems have no tools to stop or delay this nomination and McConnell has no scruples so the most far-right nominee is likely to emerge.
23
I do wish that McConnel would wait to move on a new Supreme Court Justice until after the mid-term elections so that the voice of the voters might both be heard and respected.
10
The voters voice has already been heard. That voice elected Donald Trump POTUS. The popular vote meme won’t change anything. The electoral college exists to protect the rest of America from being ruled by a tyranny of California and New York. I like it this way beter. And I look forward to RBG retiring soon as well. Besides- Harry Reid set this all up for Trump and the Republicans.
2
“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” -- Mitch McConnell
This applies now. The American people didn't want Trump, he came in second in the popular vote. The only way to give the American people a voice in the next Justice is to wait for a president who wins the popular vote, like Obama did.
19
Please... The American people got exactly who they wanted in the appalling DJT based on the Electoral College. You know, the electoral rules in presidential elections since the founding of our nation. That the equally appalling (in her own special way) Hillary Clinton ran up the vote in leftist urban precincts is immaterial.
2
If ever there was a fool who believed his favors would be reciprocated.
This is the last chip to fall in the Republican effort to take over government. It undoes 70 years of progressive law and jurisprudence all with the chilling effect of creating a Kangaroo Court that, as Neil Gorsuch has proven, will bow to the dictates of Autocratic rule. We are now no better than Russia, Turkey or Venezuela.
The Republican usurpation of government is complete. Unless Americans overthrow the Republican Congress on November 6, 2018, this is the Death of Democracy.
28
In the final analysis, there’s no longer any doubt about with whom Kennedy stood. And let’s also not fool ourselves any longer, the courts are as political as any other of the two branches. Let the farce of not clapping during the State of the Union kabuki theatrics end now.
28
Another blatant US lie exposed. Justice is not blind, it is bought.
1
In the analysis of yesterday's SCOTUS decision on Trump's immigration ban, I was reminded of how our govenment really works: the Court only upholds the law, and a "strict constructionist" Court upholds the law literally. Therefore, if there is an evil law on the books, there will simply be an evil outcome, untouched by the Court.
There are a variety of laws causing evil outcomes today:
- the anti-democratic Electoral College, which appointed Trump to the presidency
- the right to bear arms
- a president's near limitless authority to
---- form or break international contracts
---- pardon criminals
---- judgmentally set immigration policy
---- impose tariffs
---- initiate military action
I was reminded that if citizens want to change things, they have to change the law. Or to be precise, to elect candidates that will change the law.
But candidates say one thing and do entirely different things when they become elected officials. Today's Republicans, for example, seem quite content with evil laws.
The evil Electoral College can easily disregard our votes. Trump is on an evil roll with Congressional support. The SCOTUS is a mere spectator's gallery. I am stumped.
6
Their interpretation of "Congress shall make no law respecting an establishment of religion" proves that they are utter lying scofflaws.
1
Despite the urge among Dems to fight and resist this move, if we want to swing Congress this fall, it would be best to let McConnell have his way. Nothing gets the GOP grassroots excited like a SCOTUS vacancy. In reality, a prolonged and vicious fight will only hurt Dems, and in the end we'll lose both the SCOTUS and Congress...it's a lose-lose proposition to fight. Better to focus on those elections. Just imagine if Ginsburg and/or Breyer (both in their 80s) leave vacancies with a GOP Senate and Trump in the Oval. That's a nightmare scenario if ever there was!
5
The American people and the rest of the world should voice their feelings to Trump's donors starting with Murdock, Mercers, Adelson, Johnson, Feinberg, McMahon, Johnson, and the rest of his donors who are responsible and we should hold them accountable for doing great harm to this country which has given them so much. They are failures as Americans and as human beings.
11
Which is precisely why Democrats should have, say, dumped the archaic "judge for life" rule that was adopted when people routinely lived to a ripe old age of 40 years old. Just think: Obama's just elected. The House and Senate are both Democrat-dominated. Perfect time to say, "the supreme court judge-for-life deal no longer is appropriate. Hey, the Republicans, being outnumbered and reeling from being kicked out of the presidency, probably would have concurred.
But NNNoo-o
And here we are. If The Donald gets re-elected in '20 (not impossible), he will leave his indelible stamp on the supreme court for, what, 20-30 more years after that?
3
Correct me if I am wrong but in 2009 Democrats didn’t control 3/4 of the state legislatures and couldn’t pass a constitutional amendment.
Also Democrats didn’t control 2/3 of the Congress to get a bill through.
Dems never has those votes. It is exceptionally hard to change the constitution, just ask all those people who worked for an equal rights amendment in the 70s.
2
Will: It does not require a constitutional amendment to change the size of the Supreme Court, which has ranged in size from 6 to 10 over the centuries. But when FDR tried it, he got his head handed to him by his own party.
we all need to pause for a little and and come up with a stragedy in the name of civility to take back our country from our polorized intitutions that will set in motion unprecedented consequences for decades to come if we stand idly by while Justice Kenndy's more conservative replacement -I would guess, judging by president trumps remaks today --reshapes established rulings
3
Like the Africaners, the Republicans are making a last stand against inevitable change. Trump, Fox News, the Tea Party and all the other reactionary forces can throw all the tantrums they want, but the reality is that white people will soon be a minority in this country. These forces are so desperate to retain political power, they are willing to undermine the Constitution itself. The rest of us must stand up for the Constitution, the greatest document in world history, in the hope that the next generation will learn from our example and preserve our Constitutional Democracy.
7
Justice Kennedy has had a distinguished career, but a significant part of his legacy will be that he contributed in a material way to the weakening of the American democratic system of government by choosing to leave the future in Donald Trump's hands. Perhaps this will be his defining moment, and a large part of his legacy.
15
I wouldn't be surprised to learn that Kennedy was made an offer to resign he could not refuse.
2
If there is a God, please help us and protect us from the ugly, backward slide into the 40s and 50s. We've made such positive strides but 45 and his followers seem to be delighted in rolling back the rights of individuals and condemning the environment to gasping and being taken advantage of on so many levels. it' a very sad day in our heritage. How to stop this???
16
"delighted in rolling back the rights of individuals"
my goodness.. i don't believe you've read the recent three opinions. They were very much IN FAVOR of individuals. The decision in support of the gentlemen in chicago who sued because he had no choice about paying union dues to a union whose position he did not support or the decision in support of a baker who refused to be compelled by a government agency to produce a product in conflict with his religious convictions.
9
It was my opinion that the Democrats should not have opposed Gorsuch so that they lost the filibuster tool. His confirmation was inevitable. Afterwards, we saw the quality of Trump's judicial nominees decline to a level that many of us could not have imagined. Now, we are subject to the tyranny of a simple minority to confirm a justice to a lifelong Supreme Court appointment. This is the lowest point so far of a disastrous presidency.
If Democrats are unable to avoid hearings on the Trump nominee to replace Justice Kennedy, they will have to drill down with questioning that expose the conflicts, the prejudices and extremism that the nominee is likely to demonstrate. Particular focus must be given to issues of executive power and issues that will float up to the Supreme Court as a result of the Mueller investigation. And did I mention that the Democrats have to win back Congress and put an end to some of this madness?
5
The Democrats were the first to abolish the filibuster notwithstanding that Harry Reid defended that action in his parting OpEd. (He doth protested too much.)
And Mrs. Clinton’s hubris lost the election to someone she never took seriously. She wasn’t careful.
They have no one to blame but themselves.
Now Schumer, Pelosi, Waters et al will embark on childish rants. They will incite people to rude behavior or even violence.
But they have no programs, no policies - other than to promise their supporters free stuff and to encourage victimhood.
All of this will further alienate the middle away from their party.
Reid, Clinton, Schumer, Pelosi, Waters - what a bunch of nincompoops.
2
80,000 votes across 3 states-- Michigan, Wisconsin, Pennsylvania-- and despite the will of the majority of the population, abortion, gay marriage, perhaps birth control in some places, will all be illegal within 2 years. Also on the chopping block, laws that protect the rights of the disabled and minorities. People played with fire in November of 2016 and we as a nation are now torched.
34
You don’t understand Roe or Griswold. If those cases are overruled that would simply mean that the issues in those cases would be governed by the democratic process. The issues of abortion and contraception would be left to each state to determine through their legislatures.
States would be free to pass laws enacting the holdings in those cases. Most will. Certainly in your state of California.
Times and attitudes have changed since the underlying state laws in those cases were passed. An anti contraception law in Connecticut (c. 1965) and an anti abortion law in Texas (c. 1973).
2
Even if Roe were overturned, I see very little chance that there could be a ban on abortion in any state in the present political clime. We saw what happened in Indiana and North Carolina when laws unacceptable to the left were passed.
The Liberals are finished, this is the last nail in the coffin.
13
No. This may be a way to slow the inevitable but change will come. The Republicans and the fearful white male constituents they represent will try to stay in power for as long as possible but women and people if color are going to drive change whether they like it it not. Just a matter of time..
8
That nail in the coffin may be Social Security and Medicare.
3
Ladies and gentelmen welcome to the United States of Russia and Germany on the 1930s, pick either one. Women and minorities kiss your rights good bye as well as your health care, RvW etc. We will now be ruled by the alt-right white racists i.e. gop and their religious fanatics. I'm certain Justice Kennedy has grown weary of being on the Court which has become ultra-conservative and wants to spend his last years away from the fray. Mcconnell will certainly rush through the confirmation before the mid-terms just in case things don't go the way they expect. Trump and his minions i.e. gop are excellent at attacking, demeaning and spewing their hatred that spurs on their supporters. This is indeed a sad period for our country.
30
Don’t most pundits (wrong as they often are) predict Democrats will lose Senate seats in 2018? I’m not so good at numbers, but here goes: 51 votes are needed to confirm a nominee. The Republicans have 51 potential GOP votes plus Pence’s if there is a tie. The Democrats will need all 47 Democrats plus both independents plus two GOP defectors to block a nominee presented to the current Senate. Right now three GOP Senators are leaving the Senate; it’s possible two of them might turn on Trump’s nominee. Well, one can dream. Still, it’s by no means certain odds will improve after November.
5
There’s also the question of the fate of Trump between now and November.
6
Srdwm, yes, many moving parts. Trump’s campaign slogan since election has been “promises made, promises kept”. Perhaps his most consequential “promise” to his key constituency is appointing Supreme Court justices who will overturn Roe v Wade and return women with unwanted pregnancies to back alley abortion scammers. I am old enough to have known the era where women were not deemed capable of choosing to have or not to have an abortion. For our female children and grandchildren and for all women we must fight to elect pro-choice candidates.
@ Julie B - Unfortunately, Sen. Joe Donnelly (Ind.), Sen. Heidi Heitcamp (ND), and Sen. Joe Manchin (WV) -all so-called Democrats, voted to confirm Neil Gorsuch to the Supreme Court. So they probably will vote for Trump's next conservative nominee.
1
Trump is incredibly inarticulate and simple minded. It reveals his thought process:
“In our country, the selection of a justice of the United States Supreme Court is considered, I think we can all say, one of the most important events — one of the most important things for our country,” he said. “I mean, you see the decisions that just came down, how big they are, how vital they are.”
So he's going to choose another judge; he'll have a list of conservatively credentialed jurists from which to choose, and then his unreasoned mind will decide. Will the choice be a clever mind who has the ability to write decisions after careful deliberation, or will it be a rubber stamp conservative like Clarence Thomas who ventures little analytical effort to come up with his strictly Right Wing interpretations?
9
If the Democrats don't go to the mattresses on this one, I give up on them.
42
Many of us centrist Democrats already did that a decade ago, if not in 2000.
Good riddance to a fake "moderate". Thank you for making this country worse off then when you joined the bench.
And thank you in advance Democrats for being gutless and useless and allowing another incompetent and right wing activist judge to replace him right before the elections.
12
Have you forgotten that Republicans have the majority in the senate? Democrats will fight any right wing nominee but the Republicans will still have the majority.
1
Block this, Democrats. There's no reason whatsoever to let Trump or his lackeys in congress get another SCOTUS appointment right before an election. Schumer is right; to do so would be hypocrisy of the worst kind on the part of Republicans. That said, I fully expect them to try their best to rush someone through before they get kicked out of office in November.
19
Let's have an eight member Court until after January 20, 2021. New President, new Congress.
If we lose another, fine. It has been a seven member
Court before, and very successfully too. We don't need nine. We certainly don't need nine bad ones.
McConnell showed the way. Just Say No.
23
The one hope is to “repeal” the Supreme Court. The Constitution called for Court — in two sentences — but It was the Judiciary Act of 1789 that set up the Court the way it is now. Congress can amend or repeal that and start over.
1
Republicans hold the Senate. There's nothing Democrats can do. Thank Harry Reid for this.
1
Let's not. Bring on the vote!
I suspect that gutless, feckless McConnell will rush to have hearings just like he did for Merrick Garland. Sorry, sad excuse for a US a senator and a man.
46
Oh but the power he has.
Note to Trump: Nominate Merrick Garland to fill the vacancy. Confuse your enemies.
20
We need to end lifetime appointments to the U.S. Supreme Court.
30
If they don't they should reviewed their financial records especially after Citizens United.
Obama appointees have a near-unblemished record of partisan opinions. I welcome a successor to Justice Kennedy who might issue decisions on the law and the facts rather than marching orders from the politburo.
18
Every day I thank my ancestors fo making the wise decision to emigrate to Canada rather than the good old exceptional U.S.A.
25
Senator Blumenthal (D) is already rolling over and promising not to delay the vote because he is an establishment Democrat who doesn't know how to fight.
How long are Democrats going to elect these weak almost joke-like creatures? The Right loves Donald because he fights, at least he fights. Apparently Democrats still haven't gotten the memo that people like a fighter, whether it's on the Left or the Right. Even after Alexandria Ocasio-Cortez thrashed a politician just like Blumenthal, the D's still don't get it.
It's time for a new political party. This duopoly is a joke.
34
I'll be phoning Senator Blumenthal tomorrow to let him know that his position is unacceptable.
He's probably thinking that the Democrats shouldn't stoop to Mitch McConnell and the Republucan party's level- Blumenthal has integrity and I can understand where he's coming from.
Or maybe he knows that a few Republicans, like Susan Collins and Lisa Murkowski, won't vote to confirm anyone who isn't pro-choice.
3
Democrats are Charlie Brown, always running for the football. They never learn. Part of the joy of being a Republican is watching Dems land on their backs with a thud.
Surely a president under criminal investigation cannot be allowed to make lifetime appointments to the federal bench.
45
Thank you Bernie Sanders supporters who sat the 2016 election out. Thank you Jill Stein voters. You can see how that kept the country “green”.
So yet another retro justice will sit on the Supreme Court bench.
Is this better than if Hillary had been elected.
48
You want to know when real change will start happening in this country? When people like you get their minds focused on 2018 and 2020, and forget the nightmare that was 2016. People always come away from an election loss with wounds. All you can do with statements like this are to keep wounds from healing.
1
There was fault on Hillary’s part , for sure. Was she a perfect candidate? No
But as someone who grew up in Phila, and was familiar with Trump’s bankruptcies and stiffing contractors in Atlantic City and his bullying of a stock analyst who said that Trump’s casino bonds were junk, and living in the NYC metro area for the past 35 years, I know that Trump is a charlaton.
If you had walked a mile in my shoes, you would understand how over 80% of Trump’s fellow New Yorkers rejected him.
I am working to get out the vote for the 2018 mid-terms, so yes, I am moving on
I promise you Trump will nominate a woman to appease Susan Collins and lisa Murkowsi, but the woman will be adamant pro abortion.
Democrats: We have GOT to, got to, got to appeal to Susan and Lisa to stand by their pro-choice values!
12
Oh No! I made a big mistake....I meant to say that Trump will nominate a woman who is a big Pro-life person which is why we need Collins and Murkowski who are pro-choice.
2
I think you mean any female out forth will be fiercely anti-abortion. The court's already stacked with Catholics, what's one more?
Every demographic trend of the past century supports the Democratic party. Its time we start dominating and back off hardline positions or else the smug elite will continue to enable Republicans to entrench harm in this country. Ridiculous.
6
Justice Kennedy was always a lightweight right-winger who loved to create drama by making people believe that his vote was always the crucial one that could be swayed either way.
He's the Susan Collins of the Supreme Court.
But a right-winger who takes a long time to make up their mind is still a right-winger at the end of the day.
Thanks for nothing, Justice Tony. Your "service" was a joke.
I look forward to your right-wing successor creating countless problems for this country in the decades to come.
15
Surely Justice Kennedy should have announced he would retire at the end of the year, after the mid term elections?
Why do liberal views so often coincide with a complete lack of pragmatism and strategic thinking? It's way overdue for liberal progressives to stop playing the game so fairly.
7
The checks and balance protection normally offered by our elegant system of tripartite government disappear when every character plays on the same team.
10
I will take this opportunity to ask, again, just why the framers of your constitution, an otherwise unambiguous cornerstone of democratic principles, would have thought it appropriate to appoint such a determinative influence as a supreme court judge to a literal lifetime of service at the pinnacle of your judiciary. After all, with the exception of your current president, most American politicians are appropriately sensitive to the equally determinative "strongman" leaders as typically found in the world's most dark, despotic corners.
Can anyone in America help me to understand the wisdom, if any, of having Supreme Court justices sit in judgement for potentially decades? Wouldn't it be more democratic - to say nothing of potentially much less damaging - if such judges could serve, say, for a decade and then be moved on? And wouldn't it be more democratic if someone other than a politician as representative of his party's biases as the president could be made responsible for nominating prospective judges?
Just wondering.
7
An interesting, but difficult question. As I understand it, there are two perspectives on this issue:
- lifetime appointments to remove justices from as much political influence as possible, in order to preserve and protect their impartiality. Meaning they never had to worry about pleasing anyone to be re-appointed.
- an oversight by the founding fathers. they elected to stated they could serve as long as they were of good behaviour.
There was no way for them to predict the bipartinship that exists today. That said, many judges have acted independently once on the court without concern of pleasing politicians. For example, Roberts cast a deciding vote in favor of the affordable care act. Kennedy himself was appointed by Reagan.
1
One reason is life expectancy was 56 back then and because of that considered a limited term.
7
Consistency my dear Northern friend. Consistency. Not the howling hounds of opinion blowing in the wind, rather, mature and educated individuals seasoned by the tests of time during times of test.
2
Mr. Schumer said that senators should not “consider a Supreme Court justice in an election year,” saying that “anything but that would be the absolute height of hypocrisy.”
In other words, it is exactly what the Republicans will do.
18
Whatever Justice Kennedy did right is being erased by the timing he has chosen for retiring. Without knowing his motivation I cannot ignore that he could have retired two years ago or two years from now. Why is he retiring right now?
29
Whatever Kennedy did right will be overturned by trump nominees.
1
For exactly the reasons you don't want him to. Why is it so hard for liberals to understand that not everyone agrees with them?
1
If the Democrats refuse to vote for the next Trump justice nominee, they way the Republicans refused to even hear Garland, then we will live with 8 justices until hopefully sanity returns. Is this not possible? Why is defeat the default response?
9
Because former Majority Leader Sen. Harry Reid (D-Nevada) eliminated the filibuster in changing the rules for approving judges to a simple 51-vote majority.
7
Confirmation requires 51 votes, and that can include Mike Pence. If the Republicans hold ranks, the Democrats can not only refuse to vote, but go on a junket to Puerto Vallarta, and the ninth Justice will still take his seat.
Because there is no way to filibuster anymore.
In most countries the “Constitutional Court” or Supreme Court is weakness to irrelevant. It usually represents the “regime” and is purged when the opposition gains control. THe USA may now be headed there with the Court about to shift inexorably right. Tensions rise. Polarization gets worse. But nations can live with a weak judiciary. But violence in those nations with a “political” judiciary increases because there is no longer an impartial “referee.”
4
Bad presidents and bad politicians get replaced at the voting booth, and we do this rather frequently. Diamonds are forever and so are justices to the supreme court. Sadly, diamonds tend to have more value.
Young appointees mean decades of decisions without much recourse.
We ought to have a better method to put people on the high court, and we ought to insist on age or term limits. We want stability in our government and country and not swings left or right.
This is beyond trump's abilities to think and reason.
8
Trump is going to anoint someone who his advisors will tell him is likely to rule in accordance with his judicial philosophy. Once confirmed, the judge has independence. SCOTUS has stability and independence because of lifetime appointment. Balance is achieved because the current court spans six presidential administrations., down to five once Kennedy retires.
1
Just another brick in the wall. Everyone knew this was coming. If nothing else the Republicans are willing to use a means to an end and flock together. This country was doomed long before this, but certainly progressive causes are going to be set back decades by the time Trump leaves office.
There no longer rule of law in this country. The illusion is over. Everything is politicized, and money and corruption are almost unchecked. It's going to be a tough period for working class people. The kooks are officially running the asylum.
It truly amazes me that anyone can value something like gay rights or abortion and BLM are on the same ground as the economy, freedom of speech, freedom of press, fair housing prices, good schools. I know we all have our own values, but if Democrats want to stand a fighting chance in balancing the power in DC stop putting these minority issues that have no impact on reality for 85% of the country as your top talking points. Those people are already voting for you. You need to win back the logical, practical centrists. Go ahead and flame me for offending your extremist views, but look in the mirror when you want to know why Democrats keep losing.
20
Trump erased Obama in 6 months. Now - he & the GOP get to go after LBJ and FDR. I'm not sure even the AnGrY right is going to like that very much.
Oh - and thanks again for not voting.
24
The right is not angry, it is rejoicing the return to the rule of law.
Policies of LBJ were established with bipartisan agreement and have been modified over the years with bipartisan support. They may be tinkered with to update them, but will remain reasonably stable. republicans are not going to defund Medicare to the tune of $0.8 trillion the way the Democrats did with nary a single Republican vote.
In contrast, Obama didn't have a clue as to how to negotiate or work to consensus, so his legislative "accomplishments" were ineffective and his executive actions were written in disappearing ink.
The left is so angry and impotent, they are approaching violence. Try picking a better platform and less odious candidates..
2
But why is Kennedy retiring and why now? No statement regarding ill health has been mentioned or suggested.
Kennedy has chosen this time. Scalia did not choose his time; he died. If Kennedy did not want this Senate to have the opportunity to approve another Trump nominee, he could have waited until after the election and after new Senators are seated.
He knows very well that a Trump nominee, no matter how right wing, will ultimately be approved by the Senate if done this year. The so-called moderates, e.g., Corker, Flake, Collins, will offer some objections to a right wing nominee to try to maintain their moderate bona fides, but they will vote with their party as they usually do.
Kennedy is a Republican, and by and large he is a conservative; he just is a bit less doctrinaire than most conservatives. We can say unequivocally that he is retiring at this moment in time because while he might prefer someone like himself as his replacement, he would rather that a conservative take his place on the court than even a moderate, let alone a card carrying liberal.
Kennedy did many good things. But as is often the case, others will remember the last thing that a person did. And in the end, Kennedy will be remembered for timing his retirement to assure that a conservative takes over his seat probably for many decades. It is a shameful and ignominious ending to an otherwise admirable career.
16
Do you still want to be working at 81 years old.
1
We desperately need to vote for all the Democrats, and none of the Republicans on our ballots in November. Otherwise Trump, with a rubber stamp Congress and a rubber stamp Supreme Court, is going to destroy this democracy before he is done.
15
This 435 member House of Representatives hasn't rubber stamped much of anything for President Trump (although they should). Neither has this 100 member Senate (although they should). Thankfully this 9 member Supreme Court has rendered some great decisions recently. So let's get behind our 2 member Executive Branch of Trump and Pence!
2
We desperately need to vote for all the Democrats, and none of the Republicans on our ballots in November.
________
You were not already doing this?
2
If you think Congress exists to "rubber stamp" the President, you don't have a clue what America stands for.
If he wanted to do Trump a favor, his timing was impeccable. These are dark days indeed.
35
What a wonderful day for this news! I enjoyed reading this potential SCOTUS list of 25 nominees. I cannot help but think that we would all be served well by having someone, a great defender of the Constitution, like Mike Lee of Utah who would serve with distinction for many years and potentially decades to come. It is time to have an Inter-mountain West voice/advocate as a strong balance for Western States voices. I am a Trump supporter and absolutely thrilled that this president will have not only two confirmed seats but also the possibility of a third or forth appointment in the next six years.
18
The future result will be a super-monopoly Republican government that only represents half the nation. The Democrats always conducted themselves to benefit all Americans with big legislation like Social Security, Medicare and the Affordable Care Act. Republican leaders only represent the wealthy who subsidize their power with cash by passing favorable legislation. Take the tax cuts for example; the wealthy benefited immensely while bones were tossed to the middle and lower economic classes. It is imperative that Democrats get out and vote out the Republicans in November to restore the balance of power, equally divided between progressives and conservatives or democracy will cease.
21
You know what? If the Dems could suspend their we-must-destroy-Trump-at-all-costs thinking for 5 minutes, they would realize that maybe criticizing EVERYTHING that he does pushes him to to the right. He used to be a Democrat. So he might actually be willing to listen to you and work with you. But you and the media keep backing him into a corner all day every day. You have no message anymore except the sky is falling and we have to destroy Trump.
22
No. He's not willing to "work with" anyone that doesn't adore him, protect him, and/or make him richer.
The Dems tried to cooperate, compromise, and "work with" him. He simply exploits one's humanity.
Trump is the scorpion that convinced the frog to give him a ride across the river, then stung him mid-way.
2
I can't even begin to express my anger, anger at progressive liberals who fell hook line and sinker for the lies which got us to this point. Blame HRC all you want for a lifeless campaign, but include the self righteous nonsense from Bernie Sanders, who blathered that "politics is not a baseball game with winners or losers" refusing to acknowledge the nomination was not be his. Wrong Bernie, it's about nothing but who wins and who loses.
Where is Susan Sarandon today, with her 'Hillary could be worse than Trump' nonsense? When abortion is banned by this Court in the next few years, when the NRA is handed the keys to the kingdom, when national health care is all but stricken from the book by this new conservative court, where will all those who refused to, as they put it, vote for the 'lesser' of two evils, be?
Maybe this is the lesson that will finally stick, after Nader helped usher in GW Bush and his reign of 'shock and awe,' and now Sanders helped usher in this disgrace of an administration perhaps all those who swallowed the self righteous nonsense Sander's peddled will understand that, yes, change takes time, and yes, in an election it's the winners who can either salvage or destroy.
33
I, for one, am tired of hearing about anger over 2016. Anger at Bernie. Anger at Hillary. This form of anger is no longer relevant. Barack Obama didn't win in 2008 because people were angry, it was because he was a good candidate with a hopeful message and a dedicated army of volunteers. What anger that did exist got channeled into something positive. If you want to live in the past, then choose 2008, not 2016. Forget Trump, Clinton and Saunders. Let's nominate a popular Democrat from a new generation and then knock on every door in the country until we get the kind of President we need to take on the real challenges that we face.
41
Thank you.
I am not a Democrat. But I’m struck by the simple positivity of your message. I wish there were more like you. I would not dread a country led by thoughts aligned with yours.
5
I'm not living in the past. In case you and they NYT fail to notice, we're going to be stuck with a conservative majority on the Supreme Court for the next decade at least. I could care less about the past; the fact is liberals, yes, should have and did see this coming, but that didn't matter to the millenials, many of whom didn't even know how the nominating process worked, decided that losing with Hillary was preferable to allowing a zealot to take over the White House. We're not even halfway thru Trump's term. The SC just sounded the death knell to unions in America. Next? Gutting theACA. The future looks bleak, that's just reality. Remember all those who were certain GWB would be a one term POTUS? That America would never be dumb enough to elect a nincompoop POTUS twice in a row? Hope and change seem long long ago.
1
If there's any silver lining here, it's that maybe the excess population that will occur as a result of striking down Roe v. Wade will be taken care of by the Court's invalidating local restrictions on guns.
Hey, I'm just trying to look on the bright side.
3
Welcome back, America, to the jurisprudence of the 1890s.
14
No potential nominee should be put forth until after the mid- terms AND the final completed end of the Mueller and Trump associates investigations. Trump isn't a legitimately elected president yet. The damage he and his absurd administration have already done is staggering.
The Trump Wall will be horrible because it may be keeping US citizen in. The rest of the world is astounded and they won't want US refugees.
Maybe a president that doesn't win the popular vote should not be allowed to propose a Supreme Court nominee.
3
After the Supreme Court Justice Kennedy delivered the majority opinion in the Citizens United case that adulterated our democracy and gave us a monopoly power government, all I can say is good riddance old mind.
5
Democrats need to learn how to fight, to win,
Elites' lectures have gotten us nowhere.
9
Terrific. How much worse can all this get?
8
Anguished liberals might want to re-read the text of the Biden Rule.
No, Gorsuch is not illegitimate and McConnell's treatment of Garland was simply tough politics. You know, the kind that the left always wants to embrace, but never really gets around to it.
And McConnell never publicly used expletives, never called opponents Communists and never once urged harassing Obama Administration appointees at restaurants. How about that!
Shows what a crafty politician can do. And what a crafty President will do.
14
Because crafty and manipulative is good for the citizens of this country. smh
No, survival of the sleaziest is not why this country was created; it's what our forefathers fled.
12
The Democrats must learn the answers to these questions about the person Donald Trump is going to nominate to the SCOTUS:
1. Do you support Roe V Wade?
2. Do you believe Brown V Board of Education should stand?
3. Do you support The Civil Rights Act of 1964?
4. Do you support the fourth amendment?
5. Do you believe any President has the Constitutional Right to Pardon himself for crimes for which he is under investigation, under indictment for; or having been found guilty of?
5. Did President Trump ask you for your personal loyalty to him above your loyalty to the constitution?
We may not get the answers to those questions but the Democrats must ask them. The people deserve to know what the future holds for them?
Regardless of the answers the Republicans may still pull a Gorsuch and rush the nominee through with 50 votes plus Mike Pence and the Dems have nothing but stall tactics left.
10
I blame Obama. When the Senate would not consider his nominee what did he do? He should have shut down government until the Senate did their duty
11
Obama made the mistake of believing that some portion of the Republican Party would put the country first.
There is no duty to hold hearings on SCOTUS nominations.
1
Moving to Canada just got a lot more desirable.
Bonne chance, Amérique
5
Republicans know how to exercise power. They stole Obama seat on the SC. Trump will make sure that his nominee is confirmed in record time much before the mid term elections. Democrats will make feeble noises. Course of American history will be sealed by Trump.
4
Our "President" is now under investigation for possible treason against the United States. If there was ever a reason for delay of a vote on a Supreme Court justice, I can think of none better. If, after the Garland/Gorsuch debacle, the Dems vote for this justice meekly and without a fight, it's not just the Republicans that are going to be swept out of office this November.
18
Fact check please, our president is not under investigation for treason.
Here is what Mueller’s mandate actually is:
(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and
(ii) any matters that arose or may arise directly from the investigation; and
(iii) any other matters within the scope of 28 C.F.R. Section 600.4(a).
1
Wow. Looks like I picked the wrong week to start streaming Man In The High Castle....
11
Let me guess, the candidate will be: a white male, around 35 years old, monied, religious, ideological, smart (hopefully), against the right to choose, practices corporate law, no understanding of civil rights, pro death penalty, no judicial background or history, privileged, pro Citizens United, uncomfortable with gay rights, science, and anti-union. But he’ll have 50 years on the bench to mellow.
15
stall, stall and stall some more. in the meantime hope that trump listens to one of his advisers who's who's surely going to want to nominate someone who on the face of their work want to gut abortion; if trump nominates an extremist on abortion a handful of gop senators will flip and reject. then dems have to flip senate....maybe all a tall order.
1
Can’t wait until 2018? That will be his legacy.
3
This is disastrous to the future of the US. Life is going to get much worse...
8
Merrick Garland deserves his day that Mitch McConnell stole from him - so the SC is not seen as just an arm of the GOP.
8
He's a fascinating Justice and would love to read his opinions. On one hand, he seemed to support gay rights and abortion rights yet supported second amendment rights. what was his rationale? Hmmm
1
When the Democrats finally get control, go to FDR's playbook: pack the court.
6
A list of friendly nations accepting American Asylum-Seekers would be handy right now.
15
What furious fight. He will get his nominee, and we, as a country, are finished. The rich are fleeing as we speak.
7
What a nightmare. A tragedy in slow motion that we'll be moving 250 years into the past with any judge Trump nominates (well, that the Kochs, the Mercers, Putin, et al approve.)
6
A 5-4 majority could easily become 6-3 or 7-2. At ages 85 and 79, respectively, how long should we expect Ginsburg and Breyer to continue to serve in futility?
2
Kennedy knew exactly what he was doing when he announced his retirement today rather than later in the year. Although there seems to be a slight chance the Democrats can delay his replacement, it's more likely Congressional Republicans will overrule it. Kennedy is contributing to the fascism that's closing in around the United States. He is not on the side of democracy.
13
Headlines today just about did me in.
Kennedy leaving is the disaster that Trump needed to finish the job of destroying the America that prevailed for 240 years. Any chance for a reasonable SCOTUS is doomed.
This, on top of news that unions are threatened, as fees for collective bargaining are no longer required.
And I can feel assured that no relief is in sight as Sessions says, about people like me:"Lunatic fringe ... living in gated communities". And, as always, Trump saying, about people like me: "Clowns, losers."
I never thought I'd have to Really resist, beyond social media and the occasional peaceful march. Looks like that will have to change.
Unbelievable.
4
People taking to the streets, like in the Arab Spring, seemed like what happens in countries ruled by tyrants and dictators.
I think it's coming to the USA.
9
One can only hope.
1
McConnell will push for a vote on anyone Trump nominates because he dosn't actually believe in Democracy. He is a traitor who does not act for America, he only act for "his side." The only question is whether admit that he is a traitor or if he will come up with some ridiculous argument for why the Senate had to wait until after the election to vote when Obama was President, but doesn't need to when Trump is President.
Liberals will eventually get their revenge, and it will be lovely.
1
After the Midterms there just might not be time in the busy Senate agenda to consider any SCOTUS nominees. I think that such an important decision should wait until after 2020. Don’t you?
5
What Republican hypocrisy. Mitch McConnell said President Obama couldn’t name a Supreme Court Justice because, “We have to wait for the people to speak in the next election,” giving a president a “Mandate.” Yet President Obama won with a majority vote and had the public’s mandate. Even with Trump winning the election, he still did not have the mandate of the people; Hillary Clinton did, with the majority vote. Now McConnell is rushing to seat another Justice, again without the people’s mandate that he said was required. What Republican hypocrisy.
6
It's not a presidential election year. Even the Biden Rule didn't extend to off years.
3
It doesn't have to be. The Senate, elected by the people, approves the selection.
Looks like its time for Blue States to start planning an exit strategy.
13
I'm all for breaking up the "United" States. It has become just like the banks, too big to fail.
2
A bonanza for adoption services is just around the corner.
Mother of Mercy, I hope I’m wrong.
2
Well more ..
- hard line immigration laws
- Roe V. Wade overturn
- less gun restrictions
- Public Unions dismantled
- less freedoms for the working stiffs
- more freedoms for the elite
7
Sure would be awesome if the Monster-in-Chief showed off his sense of humor and nominated a centrist...like, say, Merrick Garland! #MidtermsBeforeSCOTUS
1
In 1775, compromise ended at Lexington. So too in 2018. Expect a candidate you'll dread, who will be confirmed, and who will sit alongside Gorsuch for the next forty years.
2
It gets worse and worse every day.
6
Let's wait until after the midterms to look at replacements, just as Mitch McConnell insisted in 2016.
5
2016 was not a midterm election, so McConnell just applied the Biden Rule
2
Guess we can bury that old '3 equal branches of government.' Looked like a good idea on paper.
6
The court has proven the last two days to be nothing more than a Trump toadie with Justice Gorsuch insuring he is paying any debt owed to Trump.
So, how worse could the court get?
3
I predicted when Trump was elected that Canadians would soon be running an Underground Railroad for American women needing abortion services. Sadly, it appears I was right.
3
I am by no means a supporter of Donald Trump, but I do support unbiased reporting. Why are the conservatives on the court described as “diehards,” while the liberals are “committed?” Aren’t reporters trained to avoid loaded words when writing a straight news story?
22
He's in for 30 years and can't wait another 4 or 5 months?!?! This action just pours gasoline on the firestorm of partisan extremism poisoning our country.
16
So far, there is NO end to Republican hypocrisy. Confirm a Justice before the midterms? Republicans should be tried for treason because they are destroying our democracy.
1
Trump and the Republicans should make sure whomever is nominated supports the idea of overturning National Federation of Independent Business v. Sebelius.
I firmly believe that we should dissolve the united States of America once trump appoints a new justice !
2
Whatever one thinks about politics, one has has to recognize the ineptness of the Democratic Party....
Why are they so inept? Because they are so convinced that they are right! Being right doesn't lead to smart thinking...Democrats represent the mass of people who can't think straight....That's right, they are losing and will aways lose.
Now Republicans are another breed. They look at the world as a challenge. As a place where one has to make one's way....
Until people strike themselves in that way, no happiness will come their way...
It's really not about rightness; it'a about assertion....
I wish you all well in this struggle.
11
Is Strom Thurmond available?
1
Our new flag will have a white cross where the field of stars used to be.
6
It's time for Kennedy to go. His reasoning in Masterpiece Cakeshop was juvenile and petty. He's clearly lost the judicial plot.
1
The glee with which Party of Trump supporters are reacting to this development, which surely will lead to loss of rights and suffering among huge swaths of their fellow Americans, illuminates what catastrophically antisocial, just flat out weird people they are. No wonder they love a degenerate like Donald Trump.
9
Liberalism in the USA is dead. This will kill it off for a generation at least. Trump will vet any candidates who might act like Justice Kennedy and vote with the liberals if (s)he thinks it is the right thing to do.
This is worse news than Trump getting elected. 2018 and 2020 won't save us.
8
Unfortunately, I seriously doubt he’d nominate a woman. He has no respect for women in general, a smart woman in particular.
2
Every Supreme Court decision that falls like acid rain thanks to Gorsuch, I curse Bernie supporters. Every non-voter drops dead in my dreams. And all the people excusing themselves by saying Hillary was a lousy candidate should burst into flames.
15
Block, block, block GOP nominations.
A 4-4 SCOTUS is a good thing now.
8
From what source do you think the Democrats derive any power to block? The only thing I can think of is to maintain their own perfect ranks and peel off a couple of Senators, like Corker or Flake. Remember also that Mike Pence breaks a tie in the Senate.
2
Pretty ironic that the kingpin of the Trump Crime Family gets to nominate the next member of the U.S. Supreme Court.
13
To offset the mostly thoughtful commentary in this thread, I feel compelled to share that reading McConnell's comments in this article make me feel like throwing up. Not kidding.....
5
Would someone please give the reporters for the NYT's an education on facts...the Biden rule, as initiated by then Senate Judiciary chair Joe Biden (D-DE) to then President George HW Bush (#41) clearly states that the rule only applies in a Presidential election year. Schumer's attempt to stretch this to the midterm elections is an act of pure fantasy and desperation but then those might be the only tools the democrats have left to work with.
13
Another nail in the coffin.
USA RIP.
8
The Democrats should not even show up for the hearings
5
Trump will continue his march across America and nominate “only the best people” for the Supreme Court — you know, someone really hyper-qualified like Rudy Giuliani or Rush Limbaugh, and he’ll do his best to railroad it through before the Midterms. Just when you think our long national nightmare could not get more disastrous, it just did.
5
Glad I live where there is a democratic system.
6
How is it you can't serve on a jury if you have a preconceived idea of a case but can only qualify for the SC if you do?
4
How did the minority of our great nation get us to this point?
Gerrymanding and voter laws, Wake up America
7
And Voter Suppression/Oppression.
7
more like ineffective policies, smugness, and corruption in the democratic party
1
Legislation may be changed when party majorities change.
Executive orders may be overturned by a new administration.
But Supreme Court decisions last most people's lifetimes. It was some sixty years between Plessy v Ferguson and Brown v Board of Education. It was more than seventy years before this Court, in tossing a few crumbs to civil rights advocates, struck down Korematsu v US.
My spouse and I are in our sixties. My family has a home outside this country, thankfully. We are leaving. If anyone thinks this is a very easy thing to do for anyone our age, think again. It is gut wrenching. But it is time.
My spouse and I (both American citizens, I'm native born) are ethnic minorities. We cannot stomach living in a nation that has so systematically stripped its citizens of civil rights and civil liberties in just the past 18 months. We know that it will only be a matter of time before our family is targeted. And we understand now that the Supreme Court will not be there to enforce our rights as equal citizens.
We also have adult children. We need to provide them a safe haven in which to raise their families, a nation which provides them equal opportunities. Sadly, it is no longer the United States.
I take no joy in writing any of this. It breaks my heart. But I will not live out my remaining years in a dictatorship, and I will do everything I can to ensure the safety of my adult children. And what that means, if I am to do so, is to find a home elsewhere.
11
Amen. Extremely well written. We, too, are in our 60s (and also coincidentally are from Portland). Although we do not own property overseas, we are now going to begin seriously looking into it. When I was a child I often wondered why more Jews did not see what was coming prior to the Holocaust. Now that I am older I understand just how difficult it is to uproot oneself. However history has taught us that we ignore or rationalize away the warning signs of serious threats to our safety at our own peril.
1
So Justice Kennedy could not hold out a few months to at least see what the outcome of the midterms may be? I a tempted to agree with the on this forum who say the timing is a the behest of republicans are fear that they will lose their majority in Congress this Fall.
3
No one's predicting loss of the Senate. Pro tip: that's where the confirmation process will unfold.
3
I remember not long ago some "progressives" bemoaning the notion that there was no difference between Trump and Clinton. And it's a fact that plenty of Dem-leaning voters chose Trump due to a visceral (and, in my opinion, irrational) hatred for Clinton. Now we'll all have a couple decades to reflect on those positions.
14
We must continue to ask the questions of McConnell about his abilities to self-evaluate, empathize, care for fellow human beings, uphold fairness, and yes, the big question, how does he sleep at night?
2
Certainly if roles were reversed the Democrats would wait for the elections to name a middle-of-the-road jurist. I suspect not. This is why elections matter, and Democrats have only themselves to blame for nominating HRC in the last election.
8
Very disturbing. Chilling. Score 10 in this round for Trump in his drive to achieve absolute authority. This on top of yesterday's SCOTUS decision on his immigration ban, which was another bit of progress for the nascent strongman. Score 0 for checks and balances.
Trump now has the demonstrated approval and support of the legislative and judicial branches. Both have actually abetted his abuses of power (Kennedy could have waited until after November to retire, for example. He knows what he's doing by his chosen timing). It is now less plausible than ever that Trump will be impeached, and more plausible than ever that he will walk free after pardoning himself of doubtless crimes.
How much will Trump ultimately malign and reshape the law? How much raw physical force will he apply in executing his orders (ICE is just a start...nuclear war a possible end)? To what extent will he take the demolition of American democracy started by the Electoral College? How close will he get to dictatorship??
The future is uncertain of course. And everybody has a crystal ball. Right now, America's has gotten much, much darker.
3
I have never seen a president so disrespected by the other side. What has been going on is nit right and the polarization is sad. No doubt Trump is no angel but it looks like poetic justice. Maybe he will appoint someone like Kennedy but the media will probably keep hounding him and that will seal the fate. They have never given him the benefit of the doubt 6 months ago they were saying he was going to get us in a nuclear war.
3
No. He won't appoint someone like Kennedy. He does not even know anything about Kennedy. If Kennedy ruled against him, he would personally attack Kennedy, just like her personally attacks anyone that challenges him. Why can't you figure that out. He's a bad dude, who will appoint another bad dude.
3
It was not "President Obama's _right_" to nominate a replacement for the late Justice Scalia. It was his constitutional duty to do so. And he carried it out in a brilliant way -- or at least the first part of it.
The party most truly offended and indeed injured by Senator McConnell's unconstitutional power play was neither Obama nor Merrick Garland, but the American electorate, having to watch helplessly as their elected president was abused by a rival branch of government, ruled by the opposing political party.
5
If the Democrats gain a Senatorial majority in November, it is incumbent upon them NOT to hold confirmation hearings on Trump's nominee. They must simply say "we will wait for the presiential election" -- just like McConnell did.
The GOP must learn that what's good for the goose is good for the gander.
The problem is that the GOP has said that they have no power to stop injustice when it comes to immigration because the Democrats are standing in the way. Now, the GOP will control and use their full power of both houses and the executive to confirm any pick they have for the Supreme Court. I guess they have had the power all along to do anything they have wanted since Trump was elected.
2
Go ahead and kiss the US as we knew it goodbye. We're going to take the next train out, and I'd be shocked if we were the only ones.
5
It is very sad that judges can be "conservative" or "liberal". What about justice that is blind and fair and truth-seeking?
7
I wish I wish -- knowing it will never happen but should -- that the next Democratic president, with the aid of a Democratic Senate, has the guts to add two liberal judges to the court. there's nothing in the constitution stating how many judges sit on the SC. Never gonna happen, but if there's ever a time it should, for the very survival of once was a great country, that would be it.
2
No supposed "furious fight" over Kennedy's successor can do anything whatever to thwart a Republican dominated Congress from approving a Republican president's nominee. But it can distract attention from the failure of that Congress to press for the impeachment and resignation of a man with little clue of how to be president, and who never really even wanted the job to begin with.
2
There will not be a “furious fight.” Right-wing extremists will provide a nominee to Trump, who will rubber-stamp their choice. The Senate will confirm, and without hearings, if such would even possibly turn up any information that would give any Senator pause for reconsideration.
2
Now let's see if we can collect 51 Republican votes for the president. Whoever gets that seat will rule on those who dissent from what he plans to do with/for your party.
We have a rigged system. Now with all like minded GOP judges on the Supreme Court the climate can be allowed to deteriorate to a wilderness like Pope Francis says will occur if coal and fossil fuels continue . Workers will have the worst work environments and more women abused than ever. Since the mid term elections are 139 days away no new judge should be be picked . We may have more Democrats in then and wiser people to choose from . Of course the GOP are not going to allow that so I hope people will march on the White House to demand to wait until a new congress opens soon.
This is NOT a rhetorical question: I would like to know how we can change from a for life position to a 4 years position the judges sitting at the Supreme Court. One of the reasons they got their position for life was in order to be free of political ideology. Well, we know beforehand how Thomas, Alito, Gorsuch and Roberts will support or reject. True, the "liberals" on the Supreme Court also vote for "liberal" causes. However, the last group defends decency, justice for alll, avoid racism in their decisions. Yet, they will also sit at the Supreme Court four years. We cannot allow this travesty of Supreme Court to pass as a deliberate, legal, and a free body of decisions that include even human decency I would dare to say. So, back to my original question: Can the position for life be changed? And, if so, what are the steps to be legally followed? We have to redress our Justice System if we want to
begin to have a robust democracy. That's all, thank you!
2
If Justice Kennedy has health issues then retiring now is acceptable. If not, then he is a contributor to the rapid decline of our nation. Had he waited until October he would have energized the left.
6
The Senate MUST abide by the McConnell Rule: no SCOTUS nomination during an election.
2
Perhaps others have said this, but there is a difference between the time when Trump appointed Gorsuch and now.
He is now under criminal investigation. There is probable cause that he obstructed justice, laundered money, violated the Emoluments Clause of the Constitution, and conspired with Russians to throw the election in his favor. It would be a violation of the rule of the law and the U.S.criminal code to allow him to appoint the next justice
3
It never even OCCURRED to the Democrats to delay a Supreme Court vote...or to prevent people from voting...or to gerrymander as blatantly as the Republicans have done.
The Dems had better get smarter FAST, or we may have lost the country.
Here's another example. I was born and raised in the largest city in Rep. Steve King's district. He is arguably the single worst elected official in DC. When I lived there, King could NEVER have been elected. Now, he looks like a shoo-in indefinitely.
3
after yesterday's vote - not much will change. Another right-wing mind will take his place.
Yes, Kennedy did vote "liberal" sometimes. So?
I sincerely hope Justice RBG stays on for years to come.
1
there are many married gay and lesbian couples who would disagree. otherwise, your not that far off the mark.
As the author of the majority decision on the Citizens United case, Kennedy can retire secure in the knowledge that he played an enormous role in the destruction of genuine democracy in America.
18
Yes. And, his only one true redeeming quality, his gay rights decisions, are now subject to reversal by the next court in light of his undermining of Stare Decisis in Janus by the next appointee of the President who he CHOOSE to assist in the timing of his departure. These smart republicans still think they can control Frankenstein, when it is now obvious that the monster is loose. Imagine if Kennedy ruled against him on his travel ban. What would the President have said about him today? He would have attacked him and his cult followers would only remember him as a heretic.
Are Americans going to be snookered again that this is a nation of laws? This is a nation, as all others are, a nation of ever changing statutes.
If trump, sessions, kushner and pence in a vacuum, such as the one between their ears, were to jump off the roof of the World Trade Center, a law of the Universe would have them hit the ground at the same moment. You can even ask Isaac Newton. The definitive word being law. What we have is a chameleon called the Constitution. Dred Scott... need I say more?
What trump done for America is to,show the world the hypocrisy, the hubris, and the bigotry of America. Some day soon, I hope we start all over again in a direction that nullifies our flaws.
4
I greatly disappointed in Justice Kennedy's retirement timing. He is very aware that his replacement will join other four partisan justices and destroy and tarnish Justice Kennedy's legacy.
Only massive public demonstrations and resistance have a chance to stop McConnell cynical and hypocritical move to fill the seat this fall.
2
I once thought of this country as a fixer upper. It had ugly parts but underneath the structure offered possibilities. Now I see it's a tear down. It's not a democracy and it never will be. We need to start over.
3
As a republican, I'm ecstatic, we will secure the SCOTUS, gun rights will be protected, yes. The week has been wonderful, the SCOTUS has ruled in favor of the little guy. Public unions are dealt a death blow, we can protect our country again. Democrats have shown their intolerance towards middle America, attacking republican women, fomenting violence. We middle America are being vindicated.
5
The only problem Liberals will have with a Conservative court will come as a result of what they believe in only. Why they’re always belittling the Religious Right for their belief in God, I have no idea, for they’re certainly no better when it comes strictly to belief.
2
I'm just shocked. Why now? He's surrendering the institution he clearly loves to a total idealogical take-over. How can he do this?
2
Although we appear to be headed towards civil war II, I don’t think the history books will call it that because there has been a marked lack of civility- particularly from the head of the ruling party and his lap dogs in the senate.
2
I wonder why Justice Kennedy chose to retire now (rather than earlier or later). He has been a moderate voice on the Court, and he must know that his moderation will be replaced with zealotry. What must Justice Ginsburg be thinking? If the Court swings far to the right, will she hang on to be the voice of dissent? And if so, how much longer? This new appointment, coupled with the many lower district court appointments, signals a sea change for American law and values.
2
It would be great if a minority female existed that would be a strict constructionist and keep whatever personal opinions out of their professional life and was willing to endure the idiotic confirmation process that would be wonderful. Otherwise another individual like the last one would be good. We have a way to update the constitution and it does not include judges doing it themselves.
3
“Strict constructionist” is a nonsense phrase used by conservatives to make them feel like they are the Ones who can correctly interpret the Constitution. But in reality they all interpret based on political theory. Or political agenda.
4
I feel like this is it. Our democracy is done.
Republicans are not the party of Lincoln. They're the party of grab everything you can rules.
Goodbye democracy. Goodbye Civil Rights. Goodbye to peace around the world.
11
I think voting for a Supreme Court nominee in an election year is not appropriate. The wishes of the American people need to be heard. Per the new rules established last year, this nomination should be delayed until after the midterm election.
Democrats - don't be shy! Block, block, block.
31
Are you really arguing that Kagan should not have been confirmed in 2010?
You were apparently not paying attention in 2016. The new rule, announced by Schumer in 2006 was that if the Senate majority is in a different party than the president, they should not confirm his nominees.
Since Obama was a Democrat, and the Democrats had a majority in 2010, they confirmed Kagan.
Since Republicans have a majority in the Senate, Trump has to nominate a justice who appeals to Republicans.
Thanks to Harry Reid, the Democrats can drag their feet, but cannot prevent the confirmation of a Trump pick, only Republicans can do that. And even the never-Trumpers in the Senate are not going to imperil their post elective office largesse by doing so.
1
Well, friend, those were the old rules! There's a new game book in play now!
Having a political Supreme Court is a very bad system! The Supreme Court should only follow the laws to the letter, but today the actual laws are irrelevant, the only thing that matters is to follow the political agenda!
3
This is a coup d'état in action. (Definition: The illegal and overt seizure of a state by an elite within the state apparatus.) There was no legal or constitutional reason to not consider Merrick Garland, just the abuse of the sort of 'convention' the bedevil's the British parliamentary system. I thought that the American system, which so much prizes a written constitution, was immune from this kind of abuse. Clearly, I was wrong.
17
If Obama had thought it essential to fill Scalia's seat, he could have made a recess appointment, which is what Eisenhower did under similar conditions three times.
It would have been a waste of time for the Senate to have gone through hearings and have a confirmation vote for Garland, because he would not have been confirmed.
Obama also had the option of nominating a moderate, which he chose not to do. Since a SCOTUS quorum is five, it would not have become a constitutional issue unless two more justices had resigned during 2016.
Under your theory of the Constitution, apparently Democrats violated it when they declined to confirm Bork.
3
I think voting for a Supreme Court nominee in an election year is not appropriate. The wishes of the American people need to be heard. Per the new rules established last year, this nomination should be delayed until after the midterm election.
Democrats, this is no time to be shy! Block, block, block.
1
Delia:
You are making the same specious argument Republicans made in trying to justify their refusal to consider Merrick Garland (or indeed any Obama nominee) to fill the seat formerly held by Justice Scalia. Your suggestion would mean that Supreme Court vacancies could only be held during 2 of every 4 years. What if, say, a vacancy occurs near the end of a non-election year, when there isn't time to hold nomination hearings? Would we then have to leave the Court shy of a Justice for at least a full year?
Clearly you haven't thought this through.
The only fair way to go about this is to immediately nominate Merrick Garland, who should already have been serving on the Court now, if it was not for the corrupt defilement of the Constitution by Mr. McConnell.
Restore some sense of civility and put Garland on the Court. He was already favored by conservatives before Obama nominated him!
17
A note to Justice Kennedy, I realize that everyone has the right to retire, to spent their waning years at the lake coddling young grandchildren. I realize that it has been very difficult maintaining the actual intent of law as of late. Your timing is regrettable and at the end of the day it will provide you with angst til the day you meet your maker. When your book comes out next year, or the year following, lamenting this day as the most regretted of your life when you see what the country has become. When you are forced to watch the Supreme court act as merely another political arm to advance one policy or another instead of that as an impartial Judge of the law as it is currently written and intended. You will have regret, you will wonder "what if," when you see decisions handed down by the courts. As a Supreme Court Justice, you know the implications. This may have been a time in the Republic to consider the larger picture, a time to make those sacrifices.
So please, do not write a book, do not repent your actions in print. I don't buy it. I don't buy that you didn't recognize the implications of your decision - a decision that could easily have waited another few months. I do not buy that you didn't think "it" would come to this when looking back on history.
In the meantime, Ruth, Elena, Sonia, Steven, if someone offers to buy you lunch.....DON'T EAT IT.
18
Trump will no doubt be talked into nominating what Republicans call Scalia: an "originalist." It seems likely whoever is nominated will be confirmed. And we know what that "original" Constitution said. Thus, I wonder how long it will be before the Court is enabled to reinstitute slavery and hand the voting right to only white men of property.
3
I ruefully predict the overturning of all fair housing laws, fair employment laws, and the ensconcement of racial discrimination as some sort of right. Injustice is rising. I am scared.
2
Politics aside. What a letter. A fundamental civics lesson for all citizens, residents, and aspiring entrants of and into the United States.
3
I cannot express how sick I am about our current political processes. I used to say that although I wasn’t a flag-waver, I was happy that I was an American.
I've never been a flag-waver because I’m not nationalistic. I'm not proud of everything our country has done in the past—the genocide of native American Indians and dropping the bombs on Hiroshima and Nagasaki being totally unconscionable, as is our history of continued civil injustice.
I was happy to be American because I know, as humans, we have flaws—but our intentions seemed to be generally good and I considered our government to be honorable and ethical.
I am incredibly sad that I no longer feel this way. Now the highest court in the land is merely a political pawn. I don’t blame Trump for this situation; I blame the governmental process, in general, and Mitch McConnell, in particular. I know we've been heading that direction with Supreme Court judges for a while, but the fiasco McConnell and the Republican Party created when they refused to permit President Obama to fill a vacated position on the court should never have been allowed. Politics were placed above the proper governmental process and it seems there is no turning back.
Our nation no longer stands for freedom and justice. It is no longer for and by the people. It is no longer civil—I do blame Trump for the degree of mean-spiritedness, self-centeredness, and lack of civility that now seem to characterize our nation.
Shame on us for letting this happen.
17
Just when things were starting to look terrible they're beginning to look catastrophic.
17
Another opportunity for Mitch McConnell to bend democracy to his profoundly warped view of justice. In a direct reflection of its chosen president, today’s GOP will be most remembered for embracing the guiding principle “if you can’t win, cheat”. When it’s not gerrymandering or stealing Supreme Court seats, it is busy distorting facts and covering up historical levels of corruption. We can only hope the generational backlash building with each passing election cycle will eventually manage to bury Rupert’s and Rush’s Frankenstein party deep under the ash-heap of history.
19
The conservatives will have no hesitation to overturn judicial precedent and are certain to support efforts to outlaw abortion. Remember, we are dealing with the Roman Catholic wing of the Supreme Court now. They will effective rescind gay rights (and who will stop them?) and they will waste not time going about it.
Trump will serve out his term because there is no crime the Republicans would convict him of. Therefore it is likely that in addition to Kennedy being replace, both Breyer (age 79) and Ginsburg (age 85) could easily die of natural causes in the next 2 1/2 years at any moment.
The conservatives want to control your sex life and they will stop at nothing to achieve their goal. They want to make sure 'colored folk' stay in their place, and the ruling class reigns eternal. They may just get their way, and sooner than you think.
5
This is the way it works.. Remember all those 'Democrats' who in 2016 swore there was no difference between Hillary and Trump.. and many vowed not to vote.
-- to call that wildly inaccurate would be kind..
3
And, to paraphrase Mr. Chao: “I would remind those in America who are right of Center that demographics are destiny.” This may delay, but will not alter, the change of America to a younger, browner, more progressive, and - yes - more humane nation. You should pray that those who will come later are more tolerant of you than you have been of them.
14
I am brown and I am conservative - Latino.
I would not be so certain about assigning political views to racial/ethnic background anymore.
4
Democrats have been claiming the demographics will result in permanent Democratic control of government for decades. When they are successful, they say, "See, told you so."
When they lose, they claim they was robbed.
What they forget is that second or third generation immigrants tend to drift away from Democrats, even among those groups who favor Democrats initially. As young people get increased education and increased income, they tend to shift to Republicans.
The majority of voters with a college degree vote Republican. Younger and poorer ones vote Democrat, but as they get wiser they become Republicans.
2
What a potential catastrophe for this country lies ahead. The possibility that this may open the doors even further for Trump, with the aid of Senator McConnell, to move our country further towards right-wing despotism is almost more than moderate Americans can tolerate.
It sickens me to understand why Justice Kennedy could not have waited for the fall elections before announcing this decision. That Trump and McConnell are afraid of the national popularity of the progressive movement headed by Bernie Sanders and Democrats and will use this opportunity to frustrate the will of a majority of Americans by packing the Supreme Court with yet another conservative justice is obvious. Somehow this latest act of villainy must be stopped, or a Second Civil War in our country will be surely be on the horizon, and spell the end of all this great nation has stood for around the world.
2
Legacy? Two words: Citizens United (otherwise known as the return to the Gilded Age of graft and corruption).
2
Dear Associate Supreme Court Justice Kennedy:
Words can not express how thankful and grateful we are for your service to the highest office. On behalf of the country we thank you.
Rest assured your replacement will be a person who will be of your caliber and the President of the US will "expeditiously" nominate a worthy replacement.
And in the words of the President Obama, "elections have consequences."
God Speed, the American People.
8
You cannot tell me that this choice to do this now wasn't politically motivated... nothing has convinced me more than this act and the timing of it that the court is politicized to the right.
We're in serious trouble here... the Supreme Court is the last branch to break... now everything is broken... from our insane president, to the corrupt congress that won't keep him in check, and now to our highest court that is nothing more than a political tool for the corporate and religious oligarchy that now runs our country.
This whole episode is shameful. A stolen seat... a stolen election... lies are debated as fact... people openly obstruct... winning is all that matters even if it means we all ultimately lose...
How does someone with a modicum of critical analysis and a basic desire for democratic decency sit back and not be enraged by all of this? I really want to know... we're falling apart here... it's not hyperbole. It's not partisan. A few years ago, we'd all agree the hypothetical now would be a disaster. But now that we're here... are we OK with this?
42
Perhaps you can now comprehend the fear experienced during the eight year reign of Obama. Many of the executive actions of Trump have been mere reversals of the illegal and autocratic actions of Obama. Return to the rule of law after eight years of dictatorship is a relief to people who believe in democracy.
3
Yes, but here's the difference ebmem: at no point did Democrats declare that they would refuse to even hold hearings for a vacant Supreme Court seat for anyone nominated by a particular president, so conservatives' fear appears to have been largely unfounded. Liberals' fear has not been unfounded.
When poor women lose their access to abortions because their states outlaw it and they don't have the financial means to travel to other states where it will remain legal and have to either have unwanted children or risk illegal abortions, I hope that they will remember that when they voted for Trump, this is what they were voting for.
Of course, they'll be able to satisfy themselves knowing that fewer immigrants will be able to get into the country.
2
No nominee until the elections, either 2018 or 2020. The American people need to have a say on who sits on the supreme court..
16
Republican Senators stole the last seat from Obama then killed the requirement for 60 votes in early 2017 for SCOTUS nominees, This likely ensures that Trump's second pick now will be confirmed even with the slim 51 seat majority. Nothing like the outlandish refusal to govern the entire country. And for those with faulty memories, the Dems eliminated the filibuster on federal and appellate court nominees because republicans (in the minority) were blocking every nominee without cause. Then they used the "blue slip" to block again and eliminated that when they got into power. Most Republicans look like and govern like anti-democratic separatists these days.
McConnell wants be sure the nominee is "treated fairly." Like Merrick Garland was? Is that meant to be a demented joke?
The time will come when the shoe is on the other foot - and it's coming soon.
11
When Harry Reid executed the nuclear option in 2013, he filled appellate seats that had been vacated under Bush. Reid blocked appellate court seats that belonged to Bush as soon as Democrats gained control of the Senate in 2007, and also would have blocked any SCOTUS nominees, had they occurred.
When Republicans had a majority in the Senate under Bush, Democrats blocked the conformation of Bush nominees. When Republicans threatened the nuclear option, and the gang of fourteen agreed to a truce. When Democrats gained the majority, they abrogated the truce, and resumed blocking of confirmations.
1
A very clear indication that Republicans expect to lose control of Senate after November elections
1
Here lies the Supreme Court, dead of - what? Hardening of the arteries except in this case there won't be any burial or eulogies, the corpse will still be there for all to see, standing mocking the living. The next of kin, aka the Constitution, is in about the same condition of poor health and moribund.
2
This SCOTUS nomination will be a litmus test for Trump, who can predictably flatter himself above all else. Will he exercise the power to influence American laws for a generation, the Trump Era of Stalled Civilization? Or, will he appoint an honest fair witness and trust the integrity of the judicial process?
If you think the temptation is too grandiose for him to ignore, then watch the alleged Blue Wave turn into a tsunami, drowning all Republicans in it's path. Surf's up!
1
Why all the shock? This is why conservative Republicans and the religious right voted for him. The forgave his full of himself personality and his horrible language and insults because they knew the Supreme Court was the goal.No one has mentioned that Ruth Bader Ginsburg is 85 years old. That could be the next Trump pick which could create a 6 to 3 conservative majority for the next 30 years.
22
When the decline and fall of American democracy is chronicled, long after Vladimir Putin has decided to replace Donald Trump with a more capable servant (i.e., one with a brain, which rules out Mike Pence), I suspect the person receiving most of the blame (or credit, depending on one's point of view) will not be Mr. Trump, but will in fact be Mitch McConnell. Thanks a heap, Mitch.
3
All I can say is heaven help us this supreme court has taken away our rights voting as a republican dominated supreme court which should be impartial to all. I can't say how horrible it is knowing this court has made decisions that has hurt the unions, immigration ban and much much more. SHAME ON THEM AND GOD HELP US ALL!
15
I hope the people who sat out this past election are satisfied with the results. I am happy that I am 70 years old and hope I have as few years as possible. Trump has sullied this country and made it all a swamp. He has lowered the level of civility to depths not imagined before. Quoting Dr. Phil, "the best predictor of future behavior is past behavior." Think about that when pondering Trump's vileness. Think of all the toadies that make up the House and the Senate as they wade through the swamp. Regarding Trump, there is not a chahones (sp ?) among them. And there are not enough women to make up that deficit. They will confirm David Duke if he were nominated. Living in this country is going to get really ugly. I will be glad not to be a part of it.
2
Don't you worry America. The President will pick someone who is: Beautiful, nice, incredible and most of all, a slave to a doctrine that has outlived its time. Unfortunately America, the reach of this appointment could possibly be there for your children and their children.
Donald Trump, Mitch McConnell and friends will be long dead, their legacy still haunting the next generation+. That's something to look forward to. Perhaps the generation to come will alter the Constitution to place term limits {or something like them) on Supreme Court Justices. That is after they dump the electoral college and finally elect a president by popular vote. I will be there if it happens in spirit only.
Sorry about any mess we are leaving behind. That is always the excuse old people use on their way out. RAW
14
If a popular majority had been required in 1993, Clinton would have lost to Bush in the runoff. The 43% of the popular vote he got in 1992 would not have resulted in a win.
4
Mitch McConnell promises to me move swiftly. We the people should be in the streets at this point.
7
Though she did not intend it to happen, the USA has been hollowed out and decimated by the too-early retirement of Sandra Day O'Connor, alas!
1
The latest battle of the century unfolds . . . . Like for the third time this month? So many, I’ve lost count. When it’s over, let me guess. Nine judges? Because Trump knows we love to suffer over this stuff, I’m sure he’ll oblige us and we’ll all love every second of it together. Trump’s been the best thing for Democrats’ egos since sliced white bread.
1
This is turning out to be a terrible week for our country. When will the destruction stop? War anyone?
1
Welcome back to the confrontation of the 1980s.
1
No wonder Trump thinks you can't trust a judge. He knows how they got there. Even in the Supreme Court.
Kennedy could have timed his retirement a couple of months from now or after the November elections. Instead he chose to do so now, obviously to allow Trump and the Republican controlled Senate the opportunity to replace him with a like minded or more conservative justice. So much for this "Swing vote" ravings, coming from you news pundits. This year's decisions, with Kennedy joining the right wing members 5-4, shows he's a die hard, Jim Crow-type of a justice. J. Q. Public needs to stop believing the "journalists" who can't read Supreme Court decisions.
9
Thank you Jill Stein and James Comey. Angels and ministers of grace defend us.
10
For all the folks who sat on the couch dithering about the luxury of "their conscience" when the old folks tried to tell them about voting with the SC in mind, whether you were "in love" with the candidate or not-- this is what people were talking about. About having our rights erased and a totally hypocritical and theocratic GOP running your life via the State.
16
Goodbye to Roe, Griswold, the Great Society and Griswold.... You will be sorely missed.
5
No worries, Blue Skies. With Kennedy's resignation, the GOP thinks it's going to take over the Supreme Court. Wrong. First, the Democratic Leadership will deny Trump's nominee a hearing (in rightful retaliation of McConnell's disgraceful action last fall against President Obama's nominee, Merrick Garland. Second, after the Blue Wave in November, the Democrats will be able to quash Trump and announce their own choice to replace Kennedy.
1
Democrats can only deny a nominee a hearing if they are in the majority. They are not currently. Hopefully after November they will be, but I expect Republicans will try to push through a nominee before then.
1
But wait! I thought it was an election year and therefore we can't have a SCOTUS nominee.
Right Mitch?
9
I can't figure out why he chose this time to leave. What absolute terrible timing this is. As a man sworn to uphold the constitution surely he knows that Trump is toxic to the rule of law. And now Trump gets to pick a justice who may be in a position to let him off the hook if Mueller indicts. What is he thinking?
14
He is thinking that if Republicans lose control of the Senate, Democrats will not allow a confirmation of his replacement for as long as they have a majority. Although he has a congenial relationship with the four leftist jurists, he knows that Garland would have joined them in making exclusively decisions on their partisan objectives, indifferent to the law. He was not distressed by the failure to confirm Garland.
Republicans, on the other hand, tend to select jurists who respect the law and do not decide what they want the outcome of a decision to be and then back into a justification. Think of Roberts, Kennedy, Souter, O'Connell, non ideologues. The four Democrat appointed jurists are dyed in the wool ideologues.
3
UGH! The SCOTUS can do more than any other leg of our Government to keep this Nation conservative while impeding the liberal intent of our Democracy. If there ever was a need to set mandatory age retirement it is now for our Supreme Court. I could kick Obama for acquiescing the way he did in the Merrick Garland fiasco in 2016.
6
This is why the evangelicals stand by trump.
You can break every commandment (which he has) but if you put conservative judges in place we will turn the other way.
1
To Ruth Bader Ginsberg + Stephen Breyer:
Please, please hang in there!!
... along with Sonia + Elena.
(I know four justices doesn't a majority make,
but I am hoping we can somehow fix this mess.
After all, Scalia wasn't expected to leave the court as early as he did, nor was Suter ... so things occasionally happen.)
4
I hope all you Democrats who could not vote for Hillary are happy. Between Supreme Court and Federal nominations your holier than thou righteousness has set back the cause of liberalism for the next thirty five to forty years. if you think voting rights have been damaged over the last two years, just wait for the next two!
5
These Democrats better hold this up as long as possible until after the midterm elections! Otherwise they are mud in my eyes. Filibuster filibuster!!!!
1
No filibuster for SCOTUS nominees, simple majority is all that is needed
1
McConnell got rid of the filibuster for judicial nominees, remember? There's nothing the Democrats can do.
2
Duck and cover, folks. America is OVER.
3
I don't see how Congress can possibly allow any nomination by the President to receive a hearing or vote, considering that he is up for reelection.
1
President Trump should nominate Merrick Garland as an olive branch to unite the country. This would right an injustice carried out in 2016 while putting forth an eminently qualified centrist who has already been spoken highly of by many Republicans.
This would likely be met by outrage from far right conservatives, but history shows they would vote for him anyway if the other choice is a Democrat. It would also help his favorability ratings with moderates and independents, so perhaps someone who has his ear can frame it as a strategy to increase the likelihood of his reelection and GOP success in November.
Unfortunately those expecting Senate Democrats to find a way to stop this will be disappointed - they don't have the votes - it's not like the McConnell situation where he did have the votes. The time to stop this foreseeable disaster was in the 2016 presidential election and that damage is done.
To minimize this disaster, be proactive in getting Dems elected to the Senate - take back the Senate and prevent any additional Trump nominations - this will at least protect the 4 modernist seats until 2021.
The next Dem president with a cooperative congress will just need to add new seats to make up for the Gorsuch travesty. The number of seats on the Supreme court (currently 9) is not dictated by the Constitution and can be changed any time with the cooperation of the Legislature and Executive branch. It used to be called out as court-packing but with the Merrick Garland debacle the Democrats really shouldn't care about that all. Mitch McConnell has proven beyond a doubt that results are all that matter and everything else like process and vote counts are just irrelevant details soon forgotten by history.
4
The court will make a sharp turn to the right with little prospect to fix the damage Trump and McConnell will be doing. There is a strong argument that supreme court appointments should not be life-long but for a fixed term (e.g., 10 years) with the option to renew. That way ideologues can at least be held accountable.
1
There are a lot of takes on this, and rightly so. Given the uncertainty of the midterms, it's far from a given that Democrats will be in a better position with regard to fighting an ultra-conservative nomination by Trump – so it's not necessarily worse for Democrats that Kennedy is doing this now. Unless Kennedy was committed to staying on the bench for the next 2-6 years.
Unfortunately for anyone not in Trump's sway, the hard truth is that we may be in for a long fight – possibly a generational fight. The pendulum is swinging back against the advances of civil rights, women's rights, abortion rights and LGBTQ rights, and it may require a descent back into the bad old days for the majority of Americans to see why these things needed to happen. Some who are on the fence may need to live in a country without legal abortion for a while to understand what life was like before Roe v. Wade, in order to finally put an end to GOP baiting on this issue.
Right now, millions of Americans are simply too blinded by Trumpism to see anything not approved by the Trump/GOP/Fox News axis. This is a temporary state of affairs, as I don't (so far) believe Trump is going to attempt to suspend elections or declare himself emperor. But the trends that brought about Trump are much deeper and more insidious, and will take a bigger, longer fight to overcome.
2
It was not as if this issue was not perfectly clear before the election, and yet, that's what was missing: the dread of actually facing this catastrophe.
3
During the 2016 campaign, I posted here repeatedly pleading with fellow Bernie supporters to vote for Hillary Clinton, pointing out if Trump was elected, he would appoint Supreme Court Justices who would overturn women's reproductive rights.
That day is finally here. Trump may get an additional SCOTUS appointment in his first year beyond this if luck is against this country.
Please vote for Democrats in November like your future depends on it. Because it does.
6
The Democrats in Congress must go all out to block/stall any Trump nominee to the court who is even a smidgen to the right of Kennedy. The Republicans could change the rules to force a confirmation anyway, of course, but this would further cement their reputation as a party that is willing to sacrifice the integrity of our system of government to maintain and extend it's hold on power.
Worse yet, the resulting Court would be viewed by (at least) half of the American people as a hopelessly partisan institution, its decisions no longer worthy of any more respect than the current workings of the executive and legislative branches, and a country where half the population has lost faith in the institutions of government is a dangerous place--even for those in power.
The rules were already changed after Sen Reid removed 2/3 vote for district and Cir Court nominees, McConnell followed suit and removed the rule for the SCOTUS. Simple majority carries the day
1
Anthony Kennedy's legacy will be his written decision regarding Citizens vs United which brought money into politics and retiring during the Trump administration with the probability of an appointment that will continue to support the wealthy at the disenfranchisement of the average American. It is something he will have to live with the rest of his life. I do not envy him as it is hard to become aware of all those you have hurt through your decisions.
2
If Trump was thinking, he'd re-assess the Merrick Garland nomination, a nomination seen by many conservatives as acceptable .
Trump should offer to nominate Garland in return for a cessation of the Mueller investigation. He'd suffer nothing by that nomination and he'd personally and politically benefit greatly ---And it would be welcomed by the Democrats.
The Dems should accept because the Senate won't convict and Mueller won't indict ---right?. The end result will be the same--Flynn, Manafort and Cohen as the fall guys. Goodnight Irene.
1
Trump is to far into his term to nominate someone. We should let the people decide by waiting for a Democratic president.
4
"make sure the president’s nominee will be 'considered fairly'"
Sure, Mitch, exactly what you did when Obama nominated Garland.
Does McConnell even know the Constitution exists? We know Trump hasn't any idea what it is, but you would think a Senator would have a passing acquaintance with it.
Yet he abrogated his clear Constitutional duty when Merrick Garland was nominated. Grounds for impeachment if you can impeach a Senator.
And he's proud of it. Wow, how the Republican party has fallen!
5
You cannot impeach senator. That was settled in the Blount matter in the early 19th century.
1
No one should ignore the implications of Justice Kennedy's retirement and the subsequent nomination and confirmation to his seat of an individual who we have already been told will be committed to the political agenda of this President. Even with Justice Kennedy's swing vote, this term taught us that a baker may deny service to a couple merely because of their sexual orientation, that a "crisis center" has the right to mislead its clients about the availability of a legal medical procedure, and that gerrymandering intended to give an advance to a political party is permissible. With the loss of Justice Kennedy's moderate voice, the Supreme Court will no longer be applying the law but advancing a political agenda at the cost of individual liberties. We all should be very, very afraid.
3
Congratulations Justice Kennedy on a job well done!
You will leave the court without a swing vote. You are truly independent and dedicated to the rule of law unswayed by partisan politics.
I for one will miss your voice of moderation.
Our SC must be based on originalism, with the justices interpreting the Constitution as it was intended by our founders. If that were so, it would make little difference which president appointed the judges since the words in our constitution must mean the same for both sides, right ?
However:
I am pleased with how Gorsuch has interpreted the text in his rulings, and disappointed with how the minority judges let emotions run above the law, in their dissent in the travel ban case.
Maybe with Trump's SC we may be able to re-litigate the second amendment and have the justices read the full text, that includes the words, "a well regulated militia" !
3
"Originalism" is a totally boss concept. Since the constitution is a series of compromises there is no single "original intent" on most issues, not to mention that on many issues where the "original" intent is clear, we would have to go back to slavery and disenfranchising everyone except white men with property. Most of all it is bogus because the conservative justices who claim to stand for originalism throw it out the window whenever it doesn't serve their more partisan goals, as they have with Florida v. Gore, Citizens United, and the recent Janus decision, the last two with ridiculously distort the concept of free speech.
1
Truly a sad day for the country. Democrats are too civil to fight, and Trump will get a replacement of his liking. Goodbye, most of the 20th Century after the 1950’s. The Right’s power grab will shortly be complete and portends many reversals of minority rights. The only question is, will progressives come out to vote in 2018 and 2020? It’s the only way to change things at this point.
2
Kennedy's departure may just result in America's demise. Senate Democrats and the few remaining sane Republicans must fight to stop another right-wing ideologue from serving on the Supreme Court. Democratic success in the mid-terms is a must. Senators, just say NO to Mitch McConnell.
I think Trump has no problem politically weaponizing SCOTUS. After spending the last 70 years making progress on civil rights, women's rights, gay rights, and anything that provides equality for anyone except old, rich, white males, is seriously under threat. I don't think I'm being hyperbolic when I say that I'm pretty terrified right now.
4
The Supreme Court nomination should be postponed til after the election (2018 or maybe even 2020). Let the American people decide.
2
Sadly, they did. Trump got elected on the Supreme Court and abortion.
Whatever happens with Trump, regardless how good (or bad) he is, at least he will leave us with a legacy of a conservative Supreme Court. Thank goodness!
4
Not conservative --radically ant-small re republic. The conservatives on the supreme court are working very hard to undermine our constitution and turn our system into a plutocracy.
1
I'd say forty years is plenty of public service, let some other Americans actually serve their country instead of weakening it.
1
Now it won't matter how much progressive legislation a Demo Congress will pass for the next 30 years. It will all be negated by the Republican Court. We are talking 6-3 GOP majority, and 10-2 when Ruth dies on the bench.
Re the so-called "stolen seat" currently occupied by Gorsuch. Biden, Reid and Kennedy wrote the book on how to steal SC seats and McConnell read it.
Indeed, Kennedy himself was only nominated and confirmed after Democrats had slimed Robert Bork on national television for several months and eventually voted down his nomination. In a historical sense, this was a momentous turn of events, given Kennedy's resulting record on the Court where he was the swing vote in a number of crucial cases that tilted the country to the left.
I liked Kennedy and agreed with many of those swing votes until he put the SCOTUS on record as re-defining the legal meaning of marriage as it has been defined for millennia. Like Roe v Wade, now widely understood as a textbook example of judicial overreach, that was a decision that should have been made by the people in the various and several states.
5
To all those Democrats who are becoming hysterical:
Keep in mind that it was John Roberts, not Kennedy, who voted to uphold Obamacare, and as Chief Justice, his primary concern is protecting the legitimacy of the Court.
Therefore, I think it is likely that irrespective of who replace Kennedy on the Court, Roberts will keep the Court from swinging too far to the right, especially given that he will now be the most centrist vote on the Court.
For example, I think he will almost certainly use "respect for precedent" to vote to uphold rights which have already been granted such as the right to abortion (i.e. Roe v Wade), and the rights of gays to marry (Obergfell v Hodges).
He knows that given how Gorsuch was put on the Court, the Court is a knife's edge away from being viewed as illegitimate by a significant portion of the population.
2
The Supreme Court is the only hold DT has on the Republican Party, the single reason he has 90% support among all Republicans. The Koch’s have spent 40yrs and billions of dollars buying up every branch of govt at the State Level, providing the pipeline for the Federal Level. This is the death of our System of checks and balance, all the guardrails of abuse of power are gone, a perfect environment for a President who wants to use the powers of The Presidency for his own ego and monetary gratification. There will be no recourse within our judicial system to hold him or The Republican Party accountable.
4
It started with Bork. It all started with Bork.
Then on to Thomas.
Then Mr. Reid in his wisdom decided that since Democrats were likely to control Congress in perpetuity, removing the filibuster was the right move.
Mistake, after mistake, after mistake.
And now, payback. Especially if a conservative woman is nominated.
How sweet it is.
(Yes, gloating.)
10
Love it. Spot on.
2
We have a fascist, racist incompetent president, the senate and house are largely fascist republicans, and now the supreme court will be god only knows how far right wing after Trump does his worst. About the only things that can save us are a ruined American economy from losing a trade war with the rest of the world, a smart meteorite that takes out Trump and his cronies or an avenging angel. I'm not getting my hopes up yet but I'll take any of the three.
5
A critical blow to democracy and human rights. The last bastion of What is American, the courts, goes down in flames. Trumps America is looking more like Russia every day.
1
Horrifying turn of events.
3
Why would a justice retire and leave to a president, who repudiates virtually every judicial decision of 30 years of service, the selection of a successor whose decisions will surely erode a life's work? Kennedy could hardly be ignorant or indifferent to a president whose vulgarity and crudity, to say nothing of his near-illiteracy is a daily spectacle. Yet, rather than wait for the mid-term elections, Kennedy chose otherwise. Here's an hypothesis: the liberals, Sotomayor and The Notorious, badly overplayed their hand in dissenting from the recent immigration decision. The dissent drew an analogy between Trump v.Hawaii and the Korematsu case by contending that the present decision and the WW II decision had much in common. Which was a legal way of saying to the majority that history will treat the present decision with the same disdain now held by Korematsu. This led Roberts and colleagues to immediately argue that the two cases were different, which is obviously true. The liberals of course knew that, but the legal argument was not the issue. History is going to treat the majority unkindly and, it was that undisguised, virtually in your face, riposte that sealed Kennedy's resignation, for it came from his liberal allies who stood with him on so many issues, involving the extension of liberty to those Americans long considered as unfit for the full benefits of citizenship.
3
I'm shocked....shocked that my government leaders might constrain more rights and marginalize more people if the high court goes more conservative.
How could this happen in such a nation of fairness and truth and decency....mostly, kind of....except for internment camps, Vietnam, reluctance to help Jews avoid Nazi death, the McCarthy Red Scare, Iran-Contra, Watergate, fake war in Iraq, and a few other nasty little scandals. And did I mention slavery?
Four “committed” liberals and four “die hard” conservatives. Hmm. No bias there.
4
Please get a new Senate Minority leader. A much tougher one, please!
2
Kennedy should have retired 5 years ago.
2
How long before we see a story about Justice Kennedy being kicked out of restaurant?
4
Perhaps Justice Kennedy- seeing the handwriting on the wall, is throwing in the proverbial towel. Maybe heading to Canada.
2
If Senate Dems don't block another Trump appointment, the Democratic party is through. Don't tell me how hard this is to do. Just do it, by any means necessary. Too many lives are at stake. And a fully fascist SCOTUS will fascilitate the conservative's end goal, which is to secure control of enough states to rewrite the constitution. We cannot allow that, as it would literally be the end of America.
3
So long, USA. It was nice knowing you.
6
To every single Bernie supporter who did not vote for Hillary,
The ruination of American democracy is on you.
You have set the stage of destruction and the erosion of human rights for decades to come.
Shame on all of you.
16
I've been thinking about this. I don't think it makes sense to demonize Bernie voters for Trump's victory. If this is truly America, then people should vote their conscience for whom they wish.
The real shame lies with the silent GOP in the face of Trump's daily trashing of American democracy -- they do nothing, except to enable Trump. The real shame lies with the GOP and its racist opposition to Obama (McConnell's plan to make Obama a one-term President -- his #1 priority -- turned to spite, and the obstruction of Garland to the Supreme Court).
Kennedy's departure will hasten our society's march towards more conflict. I'm not sure who benefits from having their rights restricted, and their hard work left unprotected while the country's wealth gets funneled to the wealthiest -- except for those in power. It is the GOP's policies of undercutting the social welfare net and wrapping their cynical view of society in the trappings of religion and patriotism, which will eventually backfire. And when the anger boils over, which I sadly believe that it will once the charade of Trumpian politics ends, God help what remains of the United States of America.
4
Six Minutes Remaining,
I should have clarified that I was a Bernie supporter in the primary and then voted for Hillary in the presidential election. This is why I am so angered by fellow Bernie people who couldn’t put their own hurt feelings or whatever their reasons aside and vote for the good of the country.
I believe anyone who supported Bernie should have understood what was at stake. This election wasn’t about the lessor of two evils. It was about moving equality and human rights forward. Instead the most unqualified man ever is now president. Every day he and his administration remain in power our Country suffers significant even irreversible damage.
Thank you for responding without vitriol, though that is certainly what I was feeling when I commented.
2
"My dear Mr. President"--seriously?!?!? This isn't North Korea.
Give it a few weeks, Jeani. WE THE PEOPLE are on a forced march to 3rd world status unless every single American who values democracy fights like hell to save the one thing they value most.
WE must stop talking and start acting.
3
Just caught this quote from Mitchy Mitch from an NPR article: "I would remind those in America who are right of center that this has been a fabulous year and a half," he said. "Everything from tax relief to repealing the individual mandate to the 15 uses of the Congressional Review Act. We mentioned the courts, comprehensive tax reform. If you are a right-of-center person, there hasn't been a better period than this in at least three decades."
As he states, he and his GOP buddies aren't interested in leading the American people, they only want to help the conservative far right, and give the middle finger to everyone else. When the Dems get control back, it's time to give our middle fingers to the far right and start taking care of ourselves for once.
I'm sick and tired of the Dems being nicey-nice, following the rules and norms, and trying to always be fair and balanced while the GOP shoves all of that aside to do whatever it takes to screw over the rest of us. We need to push hard for progressive politics and policies that can help get our country back on track, whether it helps conservative people or not.
16
Roe v. Wade will be reversed in 12 months. I just want to than all those voters out there who couldn't bother to get off their duffs and vote. I just want to thank those of you who wasted your vote on Gary Johnson and Jill Stein. And I just want to thank Hillary for skipping those states that narrowly voted for Trump because she thought she couldn't lose.
Roe v. Wade is dead. Affirmative Action is dead. Protections for Gays and Lesbians is dead. Corporations will now have even more power to decide elections. Evangelicals will get their school prayer and the Christianization of America. White people will have more Constitutional protects while non-whites will have less. All because you decided not to vote or casted your vote for knuckleheads. Or you were the Hillary Clinton campaign who took the election for granted. Thanks to you all.
17
Justice Kennedy is certainly afforded the right to retire when he wishes and I wish him well in his retirement. How the nation moves forward seems to be another matter entirely. The divisive issues that already separated both sides will unquestionably still be there. Thank you to Justice Kennedy for following the letter of the law and working with both liberal and conservative justices.
1
WE THE PEOPLE must DEMAND that democrats, independents and Socially Conscious republicans in OUR U.S. Congress refuse to go along with this Koch-brothers led attempt to destroy OUR United States of America through OUR U.S. Supreme Court.
NOW is the time. Demonstrate, march, flood OUR U.S. Supreme Court inner sanctum, disrupt their lives and those of Mitch McConnell and other traitors who think they "won". They have lost any semblance of honor and have no right to live in OUR country.
Did you see how the catholic/corporate "conservative" boys were yukking it up after yesterday's destructive decisions? Like a bunch of old frat boys. They think this is a game.
WE must show them that WE do not agree. They have no right to try to destroy OUR lives in their little "game".
Fight. Fight. Fight. Fight like hell to preserve/restore OUR democracy.
15
Not until after the election, baby.
4
If liberals want to blame anyone for this turn of events, they should blame Hillary for running such a bad campaign.
15
Because Trump ran SUCH a great campaign? Stop blaming Hillary. She won by 3 million votes.
6
Sorry Kat. It ain't the votes, it's the states. And Hillary didn't campaign in all of them because deep inside she thought she couldn't lose. I voted for her. She ran an awful campaign.
I hope Democrats continue to chase the popular vote. Doesn't take a genius to know that it's the Electoral College, not the popular vote.
We cannot let this twittering lunatic destroy our democracy. There has to be some way to save us from him and his oblivious courtesans.
4
The comments well demonstrate that Supreme Court Justices should be limited to one single term of perhaps ten years. Most countries with constitutional courts do that.
9
Well, I imagine that Vlad Putin’s enormous Stick-Eating grin managed to get even larger today upon hearing this news! I doubt that even he himself could have predicted the amount of irreparable damage he and his Trump-o-Stooge “president” could have wrought upon seemingly every facet of this country in only several hundred days.
This latest piece of sickening news, brought to you by your friends the Russian Autocratic Vlad Putin, the US Wannabe Autocrat D.J. Trump, with special guest appearance by the Vichy GOP. Years from now, perhaps it will be clearly evident to all that McConnell’s theft of a SCOTUS seat combined with the election of our current Russian-pretend-o-president lead to decades of SCOTUS tilted to the extreme right so massively that it ruled that women should no longer have the right to make choices about their own reproduction. And well, maybe then, the next time some future GOP politician desperately tries to obtain a hush-hush abortion for the 20year old staffer he’s been secretly having an affair with, only for her to refuse the “back-alley” style out of valid concern for her health..that politician will think twice about the overturning of Roe v. Wade as he sweats it out wondering if his staffer will go to the press with pictures of his love child.
11
A mediocrity and a right winger. Little will change.
3
Well Senators Flake, Corker, and McCain...….here's your opportunity to save your souls and exact sweet revenge. Do the right thing and refuse to confirm anyone.
32
Republicans have deceived, cheated and stolen such that a minority, well below 50%, somehow controls a majority of "the people's" House, a majority in the Senate, the Presidency and now the Supreme Court. Thanks to southern bigots years ago, the conservative minority continues to have excess control over our government. The Republicans will use the nuclear option here without hesitation, I have no doubt that conservatives will now control the court for the next 20 years. I'm sure this was "Justice" Kennedy's intention - he is a conservative, and he is picking the party of his successor at the last possible moment he can, staying in power as long as possible. I am sick of it, this is not democracy. The whispers of revolution should be heard quietly in the distance if a 5 member solid block of conservative youngsters (in judicial years) results. Decades of hard-right control of the court is not something I am willing to tolerate. As soon as Democrats gain control again, if they gain control, it is time to pack the court. Add 2 justices. Add 10, who cares? Let's not pretend anymore that this is a sacred "democratic" institution. None of our government is anymore. Racist bigots from the South tried to secede in the 1860's to protect slavery. The days draw closer to the need for the sane 60% of "America" to secede from Republistan. The runt state left behind would quickly discover how much backwater conservatives depend on productive liberals for their prosperity.
15
sigh— oh my —Sigh!
2
"McConnell Promises Fall Vote to Confirm Next Supreme Court Justice"
Guess again, Lug Nut -- you who made a mockery of the Senate confirmation process last fall by denying President Obama's nominee, Merrick Garland, a fair hearing!
Do you really believe, McConnell, that your Democratic colleagues will give you a free pass? If so, stick your head back in the sand.
8
The numbers are not in our favor to block his moving forward.
3
With his appointment of Judge Jeanine, Donald Trump becomes de facto president for life. I wonder if he'll settle for that, or if he'll ask his court to actually appoint him president for life - "like I hear a lot of people saying the constitution would allow them to."
Democratic Leadership, please awaken from your coma, or nap, or wherever it is you were when the Gorsuch appointment went through. I despair that I will live the rest of my life in a country poisoned by a sociopathic minority. Please, please, don't roll over on this one like you did with Gorsuch.
9
All this time, I worried about another aging liberally inclined Supreme Court justice, Ginsburg, 85; and now this! And with a president like this! I just give up! Too depressing!
9
If Trump is ultimately found to be an illegitimate president, put in office (as we already suspect) through a grossly manipulated + corrupt process, do we get to turn back the clock... undo all his policies + and 'un-appoint' all his appointees???
=====
ps: I know this is water under the bridge, but I sure wish there'd been a way + a will for Obama to sue Mitch McConnell for willfully blocking the confirmation process for Merrick Garland.
12
seems obvious that NO nominee be allowed to go forward, with such a divided electorate and the upcoming [midterm] elections that may swing control of the congress...
SHUT IT DOWN!!!!
9
Actually Lydia Borsh here.
If we allow another rightwing justice to be appointed our country is doomed. The GOP already stole one seat and probably the election so it is time for DEMOCRATS and all the republicans in the senate who still value our country to step up. NO VOTE until after the midterms!!!!
7
Q: If Trump is ultimately found to be an illegitimate president, put in office (as we already suspect) through a grossly manipulated + corrupt process, do we get to turn back the clock... undo all his policies + and 'un-appoint' all his appointees ???
=====
ps: I know this is water under the bridge, but I sure wish there'd been a way + a will for Obama to sue Mitch McConnell for willfully blocking the confirmation process for Merrick Garland.
6
What a revolting development! The nominee will unquestionably be someone who will support concentration of power within the Presidency. The pick will also most likely help form a judicial cabal to try to effectively overturn Roe vs. Wade through approval of a series of restrictions proposed by the Christian Taliban. You can be certain this will get done before the fall elections unless Flake, McCain or possibly Collins or another pro-woman's rights Senator will try to stop an outright Christian Crusader from assuming the bench.
4
Strike the flag. America is dead.
15
So much for the earlier editorial the Times put out begging Kennedy to stay on. He evidently reflects the fear of the white ruling class and their loss of power looming in the not too far distant future.
His last four votes sealed his legacy and his retirement is his cherry on the cake.
To think, this intelligent and reasoned justice yielded his position to a cheap, stupid, scheming, backstabbing, repulsive con man posing as president of our great nation allowing him and his cronies from the far right to determine our highest court's direction for the foreseeable future.
Thanks Anthony.
And God bless America........we're going to need it.
18
Why don’t we just call Trumps America Giles’s?
2
Dems, vote for the sake of the country. SCOTUS can only uphold or strike down laws that congress makes. Take back the house, take back the senate....Don't hesitate- Not white enough, not brown enough, not black enough, not a woman or a man or gay enough.....all is secondary. Just vote.
12
It's the End of the World, Part LXVII, in the Age of Trump!
Harrumph!
2
Thanks to everyone who voted for Jill Stein.
28
I guess on the brightside red is my color so those Handmaid Tale's robes will look nice on me and highlight my tears as Roe v Wade and Gay marriage get overturned and we see POTUS pardoning himself with no pushback from Scotus happen.
16
This was the one who wrote on Citizens United?
Good riddance!
5
Goodbye America. Hello Oligarchy.
15
There you go , over turning roe vs wade is a reality this year !
Good news for Hillary haters and Putin supporter US citizens!
7
McConnell his replacement.
4
Cry, beloved country.
17
You can count on Mitch McConnel to be a huge hypocrite and do the dishonorable and sleazy thing and rush this through "too close the election!"
12
Calling Bob Mueller......
19
Roe v Wade is now in the cross hairs. If this won't galvanize all women against the loss of their rights, nothing will.
Maybe it's time for women to take charge of politics as we can see that men have screwed so much up. Women can't do worse, can they?
It's really up to women, now.
11
Don’t count on white women.
10
I lay 2-1 odds that Trump will pick Judge What’s-her-name from FoxNews.
We’ll see about a competent pick. He did pick Gorsuch but that was during his so-called adult-supervision days. Now we’re in the loyal-incompetent-stooge phase of this regime.
The scariest thought is that he’ll pick his bigot-in-chief Jeff Sessions and replace him with Judge what’s-her-name from FoxNews.
None of this will end well for people of color, GLBTQ people, working folks of all colors...you know the citizenry of the United States?
Conservative judges tend toward ruling as right-wing-robots. Alito et al never surprise with their decisions. No matter how a law is written, they find that it requires rights be taken away from people born with strange names and darker pigment or more power be given to people who already have immense power.
You wanna see how this ends? Watch Judgment at Nuremberg.
17
Today is a good day for the devil.
18
You don’t know what you got, till it’s gone.
16
Minority rule continues to turn back the clock on this country.
But, omg, e-mails!
19
Well, good old HL Mencken would appreciate his own prescience were he alive to witness this debacle.
"No one in this world, so far as I know — and I have searched the records for years, and employed agents to help me — has ever lost money by underestimating the intelligence of the great masses of the plain people. Nor has anyone ever lost public office thereby.
As democracy is perfected, the office of president represents, more and more closely, the inner soul of the people. On some great and glorious day the plain folks of the land will reach their heart’s desire at last and the White House will be adorned by a downright moron."
Looks like the SCOTUS is soon going to reflect the inner soul of the "plain folks" -- i.e. ignorant, poorly educated, superstitious sociopaths -- soon, too.
11
Replacement?
Ted Cruz?
Roy Moore?
Joe Arpario?
Franklin Graham?
Mike Pence?
Michelle Bachman?
Orrin Hatch?
8
Thanks, Jill Stein voters.
42
Susan Sarandon, Jill Stein and the rest of the anybody but Clinton voters...happy now, the saying cutting of you nose to spite your face...is made for you.
26
There is something fundamentally wrong with political persuasion affecting decisions made by the Supreme Court. Each and every case should be decided on LAW not on political party lines.
7
Thanks again, Hillary; your legacy lives on.
4
How many times must we repeat that HRC won the popular vote ? And how many times must we remind you that she is not the President this is all on 45. IF you want to blame anyone start with the GOP - they either support this unqualified con man and cheer him on or sit silently counting the few extra dollars lining their already bulging wallets, as they ignore the destruction of our country.
For the 52% of white women who wanted this, what will you say to your granddaughters?
20
Goodbye America, it was nice knowing you.
Hello Gilead.
16
The Civil War ostensibly started in 1860, but that was just the year the shooting started. It was a series of reactionary Supreme Court decisions during the 1850s, especially the Dred Scott ruling that cast the die for war. A major rightward shift of the Court that rules to ban abortion, revoke gay rights and permit unlimited minority voter suppression will end with the same result, Bluexit (California will be the first to secede, followed shortly after by the entire West Coast and North East. The only way to prevent such an outcome is to ensure that if the Democrats retake control of government in 2020, the new President will have an opportunity to appoint at least two justices. There is only one way to guarantee such a result, you don't have to be a genius to figure it out, nor to realize that it would be morally justified given how the GOP stole a seat on the Court.
5
I hope Trump replaces Justice Kennedy with Ted Cruz. He is young and more importantly he is a libertarian. Yes, he supports religious ideas, but people would be better off with a libertarian who respects individuals rights and values over collective nonsense from a liberal judge. Trump can mend broken relationship with the Texans by nominating Cruz as the replacement.
2
What a horrifying thought. Trump is evil and stupid. Cruz is simply evil.
7
Kennedy could only be considered a moderate if you compared him with the extreme far-right justices that he mostly agreed with. The fact that he chose to retire before the midterms shows the kind of person he wants to be replaced with. Trump and the Senate Republicans will make sure he gets exactly that.
4