It seems to me Kennedy's legacy is firmly established. His unconscionable deciding role in Citizens United and the Voting Rights Act case are why we have the current Trumpublican Cult running the country. The world already looks dimly on the buffoon, but history is likely to be far less kind to Kennedy. The only positive things he did as an anti-judge on LGBT rights will be reversed when McConnell commits his final act to destroy the Senate by removing the Fillibuster Rule for judicial nominees.
If the people ever recapture the country from the current alliance of kleptocrats, bigots, and religious hypocrites, the backlash deserves to be severe.
43
Surely Trump should not be allowed to nominate a candidate
for the Supreme Court, especially when he is being investigated
for a serious criminal investigation.
This is like a mob boss nominating a judge at his own trial.
71
Kennedy and his legacy is in tatters as the truth comes out
about his son working for Deutsche Bank, and lending
Trump a billion dollars, when other banks in America would not lend Trump a cent. Kennedy's son also works for the Trump companies.
WOW.
So did Kennedy give Trump a lift and present by ruling against
the Anti-Muslim ban?
What a coincidence that Kennedy resigns just before
the Special Counsel starts to publish reports about
the Russia conspiracy to hack/attack the American election in 2016, which gave Trump the election.
Also, the 5-4 Republican majority on the Supreme Court would possibly support Trump about not being subpoenaed,
and can't be indicted while in office.
What a tangled web is weaved when people learn to deceive.
81
I knew something was terribly wrong when I saw that he began his letter: "My dear President Trump." Who but a deeply conflicted person would use such an endearment with such a monster? It looks like the criminal Trump and his enablers took advantage of Kennedy's dotage at 81. If I were Justice Kennedy, Trump & Company are the last people on the planet I would trust to preserve any legacy of humane, just, and Constitutional juris prudence. A regrettable decision to leave the Court now.
30
I thought the Justices were supposed to keep themselves immune from this type of behavior.
49
I no longer recognize today's USA as the country in which I was born and in which I have lived for all of my 83 years. Until the ascendancy of Trump, although I nearly always voted Democrat, I was a good loser when the Republicans won. With few exceptions (e.g., the time of Watergate), I didn't vehemently oppose Republican office holders. In general, although I disagree with them on many matters, I credited Republicans with caring for our USA.
No more. While many still care about our country (for example, John McCain) Trump and his supporters are stoking the fires of divisiveness and are set on getting their own way They don't seem to care what this does to the USA and the long-term effects this will have on our democracy.
Democracies are relatively delicate entities. I only hope the USA withstands the vicious onslaught by Trump (who has the instincts of a dictator) and his supporters.
80
Consider that the Current Occupant got into the Oval Office through an open basement window courtesy of the Electoral College, and with the help of the dictator of an unfriendly country whose techie lackeys hacked our social media and for whose minions he has been laundering money. Then factor in the complicit Republican Party, which has betrayed its hand-on-the-Bible oath to preserve, protect, and defend. Add unqualified, unfit appointments to departments the appointees have vowed to dismantle. Now toss in a member or two of the judiciary who will owe the Current Occupant bigly for their sinecures and who apparently will rule on whether their abovementioned benefactor stays in office.
Hmmm...You might well wonder if our present government is legitimate...
75
The Republican party has successfully destroyed the supreme Court as an institution, turning it into an unelected, unaccountable and unacceptable wing of the Republican party.
Because of this, it's time to prepare the Nuclear option, appointing more than 9 justices. it's as much within the rules as anything else the Republicans have already broken.
Long term reform, such as a 2/3 vote requirement will be nessecary to fix the system, but in the meantime the sad reality is that it will be nessecary to put down the abomination Republicans have created.
37
This story seems like much ado about nothing.
Every justice on the supreme court is exceptionally intelligent and fully aware of the political implications of a planned retirement. Their lifetime appointments typically result in service for multiple presidential administrations. The suggestion that in just a few months the Trump or any other administration could meaningfully influence a justice to significantly alter her or his planned retirement timing is quite a stretch.
There is no conspiracy here. I expect Justice Kennedy has been considering the timing of his retirement for years and selected the date after thorough analysis of all factors he deemed relevant, and I doubt the employment status of some of his former clerks was high on the list.
17
I seem to recall reading a while back, that Deutsche Bank’s commercial divisions would no longer lend money to Donald Trump after he stiffed them for hundreds of million of dollars. So instead, he arranged with Deutsche Bank for financing through their Private Wealth Division. Would many of those private clients happen to be Russian oligarchs?
63
The Trump / Kennedy / Deutsche Bank & BILLION Dollars in real estate loans should really be looked at more closely.
My God.
What is the criteria / standard for Supreme Court Justices -- and their families -- to not be connected to elected officials? Or is there no rule?
Follow the money. Always, and especially so with slippery Don.
(And Don Jr. and Javanka.)
79
There is a rumor that Mueller is going to indict Kennedy’s son for money laundering. I don’t usually fall for political rumors, but there is too much coincidence, and the desperation of congressional republicans makes me think there is more to this Deutsche Bank money laundering than just Trump. There are more questions than answers right now, but the American people deserve answers. If all three branches of our government are comprised, this needs to be settled BEFORE another justice is appointed to SCOTUS.
75
I wouldn’t question a doctor about how to practice medicine. I wouldn’t question a construction worker about how to build buildings. People with no understanding of the law shouldn’t question how judges rule
1
I hope Justice Kennedy understands what this Republican political subterfuge was all about.
He's done a tremendous job this week to damage our Democracy irreparably.
16
On second read, I see nothing (but the headline) in this story that suggests Trump worked to encourage Justice Kennedy to resign. Rather, there's only a lot of detail about how Trump kept praising and otherwise buttering the justice up.
Trump had an obvious reason to flatter Kennedy. After all, the high court likely will eventually decide issues with decisive bearing on whether Trump remains president. Trump had additional reason to praise Justice Kennedy since (as we only know discover in this story) Kennedy's son Justin played the critical role in getting Deutsch Bank to lend a great deal more than $100 billion to Trump enterprises. This at a time that other banks would not touch those enterprises, given Trump's long history of stiffing his creditors.
11
The Deutsche Bank connection is ipso facto corruption.
The bad guys won.
We are not a republic but an autocracy.
28
Trump doesn't give a hoot about Roe Vs Wade. He just wants to fix the game should his own case of obstruction, conspiracy, and or espionage end up before the Supreme Court.
29
Justice Kennedy believed Trump when Trump said his "legacy would be in good hands." Really? Trump has lied and/or misled American citizens over 3000 times since his inauguration. Difficult to believe the wise and astute Kennedy would believe Trump and Trump's minions.
14
"My dear Mr. President" probably tells us all we need to know about the relationship between Justice Kennedy and Trump. But he could have said "Dear Leader" so it would be more clear.
25
Kennedy's legacy is that he destroyed the last vestiges of the credibility of the Supreme Court. What a supremely selfish man.
47
Trump's messing with the Supreme Court make up is like jury tampering.
18
Sen. FLAKE: “It is a testament to the condition of our democracy that our own president uses words infamously spoken by Josef Stalin to describe his enemies.
It bears noting that so fraught with malice was the phrase ‘enemy of the people’,
that even Nikita Khruschhev forbade its use, telling the Soviet Communist Party that the phrase had been introduced by Stalin for the purpose of ‘annihilating such individuals' who disagreed with the Supreme Leader.”
Jan 17, 2018: Republican Sen. Jeff Flake’s floor-speech at the Senate.
23
Ah, ok, I get it; so Donald told him that after comprehensive and careful evaluation, he would pick a pragmatic, thinking individual who sometimes sides with the right and sometimes sides with the left. So, he lied to him. Got it.
28
The administration would keep Justice Kennedy's legacy? And he bought into this?
Here I thought he was smarter than that.
12
Didn't progressives try for years to get RBG to step down during the Obama administration? What's the difference (other than the fact that you hate Trump)?
6
So after reading this, I didn't see anything nefarious as the media like MSNBC made it sound like. They made it sound like there was some mafia underhandedness going on.
11
If US Supreme Court judges are so ego driven, they should close the place down.
12
Do you think Donnie reminded Kennedy that his son was his banker at Deuschebank when he was laundering all that Russian cash through his properties for 10 years? And that Mueller probably has documents that show that and he needs someone to get him off the hook?
17
The Supreme Court justices' vast power carries dangers of arrogance, hubris, and abuse. I am sure that the Retirement from Justice Kennedy was bought and paid for by the White House. And don't tell me the Justice is in poor health.
29
Legacy in good hands.... you have 4 bigoted conservatives who cannot wait to get their hands on Kennedy's opinions...
He got sold a bill of goods...
11
So Kennedy was so easily duped by the most dishonest person ever elected to office? Makes me sick!
25
In giving his seat to Trump Justice Kennedy threw the people of this country under the bus, backed up and ran over them for good measure. Kennedy fits right in the with cowardly corrupt Republican congress and their mantra, party over country.
35
Abortion will not go away—religion or no religion. Modern American women are not intimidated by religious blather. They are interested in their own well-being. They understand that most religious hokum is designed to suppress their freedom.
So let the present “19th century” Republican Party pass their anti-abortion law. Women will have their abortions anyway either by needle hook or “crook.”
But abortion will continue and no abortion law will ever be enforceable in the 21st century. Stupidity
43
It's his life, he's 81, he should do what he wants. What's objectionable is his jurisprudence, particularly in the Muslim Travel Ban case.
15
I'm a moderate liberal. I can't believe the ongoing commentary from mainstream dems. since before his election, nyt comments constantly belittle trumps intellect. you've all said it a million times, he's a moron, he's an idiot and much much more. now you're trying to tell me that he masterminded this unbelievable conspiracy theory to get Kennedy to retire. and it started over a decade ago by dealing with deutsch bank because Kennedy's kid worked there. are you kidding me? this is why noone is giving the Dem party any credence any longer. you can't have everything both ways. as a party we are running around like a chicken without a head, willy-nilly over everything. I have conversations with my moderate conservative friends who are just laffing at us. and they are 100% correct. I can't even explain our party platform beyond let's just spout hate for trump and everything he says and does, no matter what it is. let's call him a moron and an idiot everytime he opens his mouth. it's ridiculous. we have no solutions or compromises. we've become petulant 3 year olds. time for a look in the mirror folks.
21
The Republicans demanded that the fact of investigation be taken by the American electorate as a damning conviction when Clinton was under the vaudeville investigations of the House Belligerence Committee. Now they're ready to let a likely criminal tilt the Court.
16
I don't find malice in learning that Justice Kennedy's son had dispensed over 1 billion dollars in loans to assist Trump enterprises through Deutsche Bank some time ago, but it doesn't feel very good.
The article, when taken as a whole, seems a chess game in need of a few new clarifying rules.
Mitch McConnel's decision regarding how hearings are held for Supreme Court nominee's should be debated and perhaps codified, but do put things on hold for now. The position is for a lifetime and in many ways a position more important than that of President of the United States. It is also not a predictable occasion.
5
Gorsuch is such a superficial thinker. He is mediocrity personified. How can anyone be proud of his achievements especially since he had been promoted by a few rich guys and has had to do nothing to distinguish himself? When I read his opinions I am shocked that he is the on the Supreme Court.
24
Back to reality for a moment?
Moderate Republicans can and should moderate Trump's choice. But their impact will be very limited. If Trump nominates someone and he/she gets Borked (unlikely), Trump will simply nominate someone else. Sooner or later, and probably sooner, Trump will fill Kennedy's spot.
Nor will it matter all that much. Though Kennedy is being hailed as a "liberal" these days, he voted with the conservative Court bloc on most big cases, notably including all of the key cases decided in the last few weeks. Trump undoubtedly will pick a more "reliable" conservative, but that nominee won't be all that much different from Kennedy.
It will be quite a different matter if Trump has a chance to replace Ginsburg or Breyer. I suspect the "controversy" this time will pale by comparison to that one.
10
There is no such thing as a moderate Republican in 2018.
10
I wonder if Kennedy realizes that the new justice will undoubtedly vote to overturn the very legacy Trump promised to protect. Why would such an intelligent man believe a man who has made clear that he will lie to achieve his goals?
7
So Trump gets Kennedy to retire, then nominates Jeff Sessions to replace him and the Senate republicans happily go along, then Trump nominates Rudy Giuliani for Attorney General and the congressional republicans happily go along, and Giuliani fires Mueller and Rosenstien and anyone else who gets in the way of shutting down the Mueller probe, and congressional Republicans happily go along. Then Trump ends the Russian sanctions, pardons Manafort, Page, Flynn, Cohen and anyone else he wants, and the congressional republicans happily go along. At that point, this country will be in big, big trouble.
14
This American situation holistically viewed highlights it’s inherent flaw. Our democracy, our governmental structure and Constitution, our political leadership, are all dependent on the vagaries of human nature which is itself deeply flawed.
At the end of the day the character and principles of each politician elected into office and each government appointee charged with the execution of politically based policies matters much more than any other considerations of allegiance, expertise, or experience, among the many considerations.
Say what you will about our current President, his Administration, and the Republican Party in general, no one has ever accused them of having either character or principles of the positive sort. You get what is voted into office, so here we are.
8
All due respect Justice Kennedy, unless you are gravely ill, your decision to announce your retirement at this time has left your democratic society, for which you've struggled to support for much of your life, bewildered and, frankly, some of us despondent. Sir, we deserve a forthright and honest explanation. Your decision is, of course, personal, but your work, and that you leave immediately in your wake, will reverberate for decades. Let's hear, from you, how much you were influenced by outside interests. This is the bookend to your legacy.
14
the man decided to retire for whatever reason. you don't "deserve" any explanation.
8
While I would generally agree, this is the most extreme of circumstances. The consequences of this decision may have long-lasting, and un-challenged, effects on our country's ultimate legal authority. When the country is so polarized, and some of our leaders are so obviously compromised by fundamentalist organizations and for-profit interests, he could offer a more candid explanation than a three-sentence letter delivered at such an inopportune time. This isn't some CEO, or clinician, or lawyer, or sports personality, or president of the local PTA. His job responsibility involves protecting the Constitution for a generation of Americans. I respectfully expect more of him.
4
In reading the article it sounds like Trump, the white house and allies DID pressure the justice to step down. Fits in with Trump's self-serving manipulative patterns. One paragraph contradicts the other! They did apply pressure. And what's with indications Trump plans to interview justices for consideration, which is ethically unsound. This 'always out of the norm'---is out of control.
7
Kennedy may have been a "moderate" with regard to certain civil rights, but he was reliably radical and anti-democratic when it came to opportunities to corrupt our campaign finance laws to empower the monied-interests / plutocrats / corporations.
Make no mistake, Kennedy and the Republican Party brought about the conditions which allowed us to be saddled with this wannabe-autocrat Trump, and (even worse) a Republican Party that has revealed itself to be utterly corrupt, utterly anti-democracy, utterly focused on personal enrichment at expense of every American value we hold dear. They have fed us to the lions -- to Putin and to all other autocrats who are salivate at the prospect of hopelessly hobbled U.S.A.
19
On the upside, Justice Kennedy's retirement at this point close to the mid-term election will galvanize Blue voters to overturn Congress.
12
Any system of government is only as good as the people who run it.
Who runs America? - A party with one principle: win at any cost.
The Dems aren't a whole lot better. In fact, they're worse; for, although they bemoan their own powerlessness, they don't actually fight for what they believe in, and rarely even walk their own platitudinous talk. The Brits have term - winge. The Dems are wingers.
The only time when one party put the nation's interest above its own, that I can recall (I'm 68), was when Obama nominated Merrick Garland . It was an attempt at bipartisan conciliation/cooperation. Significantly, it was not done for idealistic reasons, but as a purely pragmatic, last-ditch effort to avoid what's happening now - a futile one.
What will it take for decent Americans to take to the streets? The trouble is two-fold: 1) doing so runs counter to most decent individuals' notion of decency; d) there is an absence of courageous, principled leadership.
Although we're past the time when it makes any sense to try to work together, Trumps' GOP is banking on liberals' lack of understanding of what's at stake and lack of 'fight' (i.e., passivity).
It's a probably a good bet.
Let our kids and grandkids deal with the mess they'll inherit on account of our liberal hand-wringing, do-nothing outrage.
13
Isn't this the judicial equivalent of "insider trading"? Especially given the Deutsche Bank connection to Trump?
21
Justice Kennedy was concerned about his legacy and wanted his successor to be chosen by TRUMP? I assumed he would want his replacement to be a jurist of high integrity, deep experience and impartial wisdom rather than someone whose main qualification is that he passes Trump's abortion litmus quiz.
This shows that liberals have been deceiving themselves all along that Kennedy was a moderate with his heart in the right place, They have been able to embrace that soothing notion despite the dozens of devastating votes he cast with the right wing justices.
22
I am very sorry to say that I am not the least bit surprised about this. The corruption that surrounds Trump, the GOP, and now SCOTUS is probably nothing new, it's just being revealed to those of us who thought the United States was truly by the people and for the people. Turns out it's only by and for some people, not the rest of us.
17
Very well written and clever piece. Congrats Adam and Maggie. The implications, even if not fully stated, are scary. It does look like there is a vast right wing conspiracy, as was famously said by HRC.
13
Given the treasonous stunt McConnell pulled re Merrick Garland, thank you thank you thank you to Ruth Bader Ginsberg for not caving in to the pressure to retire while Obama was in office.
16
McConnell should resign in shame for abdicating his constitutional responsibility to assure Obama's nominee, a superbly qualified person, to at least a hearing . . . .
I am searching for a proper descriptive, but nothing I utter will be printed.
Vote to block the cowardly GOP by turning the Senate and House over in November.
14
Kennedy’s son was director at Deutsche Bank global real estate division and of course knew Trump.
Does anyone else find the timing suspicious? Better to get out now than be sitting when a family member is involved in a money laundering scandal that comes to light?
19
No one should worry if the Supreme Court overturns Roe V Wade. We can always let a woman have an abortion the old fashion way -naked and blindfolded, on a bed of newspapers.
7
The Republican Party has hijacked our democracy.
22
Gerrymandered election = gerrymandered Supreme Court
26
Neither the Senate nor presidential elections are subject to gerrymandering. The House has no involvement in selection of Supreme Court justices. Your comment makes no sense.
3
Wow! Great Jurist gave us Citizens United and Bush2, so therefore the Iraq Phony War and other Atrocities we still pay through our teeth for.
18
If he was worried about his legacy, he wasn't a great judge or person.
How about being worried about doing the right thing?
21
Anji said:
" I never would have guessed Justice Kennedy’s son is connected to Trump through Deutche Bank and real estate. Where have all of the checks and balances gone? Were there ever any? I feel like I’ve been naive in believing that overall our systems work. Where were our politicians? Where were our investigative journalists? Where were the ethicists and religious representatives? How did all of this happen? The silver lining in this election is that at least some of the corruption is being revealed. Now I hope we do something with this!"
The NYT is home to some of the best journalists in the world. Medium published a story last year detailing the ties between the occupant of the WH's family and Justin Kennedy. Maybe because the story originated in digital media no editor at the Times tasked a reporter to investigate the questions raised by the article?
I have to say I find it odd that Kennedy resigned just as reporters were finally on the scent of his son and by extension the conflict of interest his sitting on the highest court of the country represented. Then again Clarence Thomas is still there. And his wife works openly for RW organizations so maybe we shouldn't be surprised.
9
I did not known about that story. I definitely would have loved if NYT had followed up with the story. It definitely seems like odd timing given what you shared.
1
I never in a million years would have believed the US would willfully join the axis of evil. NATO and the Russian summit will tell the story. If so, be ready for a rigged election in November.
16
At the age of 81 I suspect Justice Kennedy simply wanted to spend his final years doing something else and the end of the recent SCOTUS term was the right time.
Too bad Justices Breyer and Badger-Ginsburg haven’t come to the same decision.
11
So, your premise is that a Justice of the Supreme Court of the Unites States of America can be manipulated/duped/tricked/flattered into choosing his retirement to provide the greatest benefit to Donald Trump?
This is why the credibility of the media is increasingly questioned - not because of the embarrassment that occupies the white house but by the lack of objective, journalistic professionalism.
13
My dad fought in WW2. My grandfather fought in WW1. This new world chaos is against all principles of my understanding of the USA .
17
"My Dear Mr. President ..."
That greeting alone tells me all I need to know about Kennedy and his reasons for retirement.
10
The worst President we've ever elected gets, not one, but two Supreme Court nominees.
Whose fault is this? Our Senators' and Representatives'.
Every sitting member's name will go down with infamy for selling out the country.
(Yes, it's mostly the GOP members' fault, but the other side didn't exactly stage hunger strikes nor go hoarse shouting outrage from the rooftops.)
8
The core competence of a judge should be to be impartial and act with clear judgement. Kennedy has failed miserably in these aspects as he has been bamboozled through praise and partiality towards his son's deep connection to Deutsche Bank as Trump's number one interest, money. These tainted relationships are so obvious yet Kennedy failed to have the strength to resist them and act in the interest of a balanced SCOTUS. Just a few more months until November! Dems better feel even more affirmed to rise now.
5
This seems like the type of scam fraudsters commit on the elderly all the time down in Florida.
"Don't worry. Your savings will be safe with me. Trust me, we'll make sure to take care of you. Just sign the line he-- Oh, no, that article about me embezzling from my own charity to pay off company debts? That was an accusation from someone who's jealous of my wealth. Yes, that's right, just sign right there..."
11
When Roe and Wade goes - it is the trump and republican voters who will suffer. There are two types of republicans - rich people who have the resources to buy what they want - they will not suffer. But bible thumpers in south and economic losers in rust belt will suffer. They are the ones who are not well educated and whose daughters will have children out of wedlock at early age - generating unloved children in fatherless homes. Unfortunately the US will suffer too.
I am surprised that these pro-life people do not see the obvious - too many children born to people without resources are root cause of poverty. That is one of the main reasons - all religious catholic countries are poor.
12
But a woman doesn’t get pregnant by herself. There are 2 people involved. Do I need to say more.
4
My original comment when this story broke was "I bet Trump made him an offer he couldn't refuse!"
11
Trump is exactly what the founding fathers feared. All we have left is the second amendment and we are out gunned.
5
gaslighting an octogenarian . its what you do when you don't have an actual human soul
13
Trump said he will only nominate a person who is against abortion to fill vacant seat on the SCOTUS. You can be sure he will do just this and he already has. If this person is confirmed the Republicans will do what they have wanted to do FOREVER and that is to stop all abortion rights. The Democrats need to start an offense right now. They should start by showing how many woman died before Roe v Wade because they had to get unsafe abortions. They should interview women who were affected by this practice. People have forgotten the terrible stories where women used wire coat hangers to abort fetuses. Don't vote Republican!!!
16
There is only one word for this: RIGGED.
24
Sure. Because a guy who was appointed to the SCOTUS 30 years ago, long before Trump was elected, and decades before Trump did business with the bank Kennedy's son worked at then, doesn't have the right to retire whenever he wants.
5
Sounds like Kennedy is just the latest to get punked by Trump. Will they ever learn?
9
What in God's name would a conversation between Justice Kennedy and Ivanka Trump sound like..??? I can't even begin to fathom ...
6
Such corruption.
7
The White House assured Kennedy his legacy was in good hands.... and he fell for it!!! If they wanted to preserve his legacy they wouldn't have pushed him to retire to begin with. Smh...
9
The NYT seems to be "manufacturimg" news rather than reporting on them. It certainly will not help any king of dialogue between the two parties!
10
Kennedy is connected through business with the Kushners. Yes, the court is corrupt too. I hope the Dems grow a spine and treat Trump and McConnell the way Obama was treated
6
"at a time other mainstream banks were wary of doing business with him because of his troubled business history."
This is too mild a characterization. No American bank would do business with Trump after his bankruptcies. DeutscheBank is scum. They've pushed just about every tax evasion scheme to come down the pike in the past 20 years and have been sanctioned for money-laundering. Too bad it's so difficult to get convictions against individuals. A few of DB's "leaders" belong in prison.
7
Come on people he is 81 years old. Most of his classmates are dead now. Maybe he felt he worked enough. Not everyone is intoxicated by being at the top of his chosen profession. Many very successful people retire in their early 50's and no one says boo. This is just another hysterical screed that somehow Trump did it, really. Did you figure it out playing your Beatle records backwards? Yikes
16
Such an fair and honorable man couldn’t have waited 4 months so Americans could decide who would fill his seat? No, it was purposeful to allow Trumpublicans to totally ruin the rights so many have fought so long to preserve. He joins the ranks of the hateful right wing.
9
Kennedy is a fool for believing anything that he was told by these people.
This is how he will be remembered.
Citizens United...
Muslim ban
Public Union bust
8
Now is the time for Muellers report. A president with a cloud of corruption and treason over his head has no right to nominate a judge to the highest court in the land.
15
The definitive statements with complete lack of sourcing make this a terrible article journalistically. "There were no direct efforts to pressure or lobby Justice Kennedy" is just stated as fact. This needs to be a SOURCED statement, no way the author can know the answer to that one way or another unless they followed Kennedy around 24/7.
6
With all of the hyperbole about Justice Kennedy's retirement, people forget that Supreme Court Justices with lifetime appointments often act unpredictably in their service. If you doubt that proposition, consider that President Eisenhower appointed Chief Justice Warren as well as Justice Brennan; President Nixon appointed Justice Blackmun; President Reagan appointed Justice Kennedy (after the Senate rejected Judge Bork) and President George H. W. Bush appointed Justice Souter. Each of these Presidents probably regretted their nominations who transformed from reliably conservative into liberal votes during their service. In short the Supreme Court, as an institution, undoubtedly changes an individual's approach to the law as well as one's judicial philosophy. Justices are not isolated but act in a conference of nine, meaning that they need to build consensus and have discourse with each other. And the Court is not immune form political winds; it seldom acts far outside the bounds of public opinion. After all, the Supreme Court has no army; it needs and depends upon the public's respect to enforce its decisions. In short we should not fear Justice Kennedy's successor. He or she probably will be as pragmatic as Justice Kennedy was.
2
I am so glad that Justice Kennedy waited until Obama left office to retire. Obama damaged the court by appointing two far left ideologues who have absolutely no understanding of their role under our Constitution. If these two want to advance their liberal policies, they should run for Congress. Of course, radical progressives rarely win elections.
13
@RGV
I think it is not radical to want human rights for all, a true living wage, a single payer health care system like every other industrialized nation, a fair and progressive tax system where if you make more, then you should be paying more and not less, peace in our time and all wars ended with all the troops coming home, fair elections where dark money does not buy our politicians, and oh yeah, a women's right to choose and have dominion over her own body. (just to name a few things off the top of me head) - Not radical at all.
- and by the way, progressives are winning.
5
@RGV
I think it is not radical to want human rights for all, a true living wage, a single payer health care system like every other industrialized nation, a fair and progressive tax system where if you make more, then you should be paying more and not less, peace in our time and all wars ended with all the troops coming home, fair elections where dark money does not buy our politicians, and oh yeah, a women's right to choose and have dominion over her own body. (just to name a few things off the top of me head) - Not radical at all.
- and by the way, progressives are winning.
12
"Progress" is not in the job description of judges. Their job is to interpret laws passed by the legislature, and not to embellish them based on how they feel. It is anti-democratic for judges to legislate from the bench. If you want the law changed to your point of view, win elections and change the law. Unfortunately, most of your positions do not have the support of the electorate, no matter how strongly you feel about them.
I'm very skeptical of this argument. Kennedy is a smart guy and surely not one to fall for a Trump trick.
So let's look at the obvious. Kennedy is in his early 80s, his wife has had a few health scares, and he wants to travel while still in OK health. So now is a good time to retire. Meaning he wants to retire on his terms.
8
Now no one can doubt that President Trump is making a huge impact for generations to come. He out witted the democrats at every turn. His polls have never scored this high. Good day for America.
4
that jury is still out on that one. Lets see in few years...
1
Kennedy had to know full well the outcome of his decision. This is what he wanted.
7
A true conservative. But what he got wrong is that the GOP is no longer Republican, but the party of Trump, About as trustworthy as North Korea and Russia, our new allies.
2
Great, informative article, NYT, but it leaves me even more depressed. If we learn that that Trump participated in the fix of the election, then how do we overturn all that has passed at this point when we find out one of the players fixed the game? We can't, for the game is now also fixed.
That Putin could do this to our country, perhaps with Trump's complicity, is unbearably heartbreaking.
Thomas Paine told us, 242 years ago that "These are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman."
Perhaps we are witnessing the seeds of a revolution necessary to cull the growing rot of our system that has grown slowly and insidiously...until recently, where the decay now flourishes in the open.
Patriots now need do more than just stand by...we need to rise up as one and declare and demand "No More! This stops NOW!"
4
A clarion call - could not have been stated more clearly or graphically.
It is now up to us to heed it!
2
Civil War II has been declared with Kennedy's resignation.
Mitch McConnell blocked Obama's nominee, Merrick Garland.
Senate should stall or block any Trump nominee until after the 2016 midterms so that the "people can decide." Trump is in the habit of expecting and demanding loyalty. Supreme Court Justice must be independent. I fear for hard-won liberal issues like pro-choice, gay marriage and LGBTQ issues. If we are lucky, Muller's report(s) or Michael Cohen's indictment(s) will be made public before the midterm elections.
3
Grassley and the Republicans are being disingenuous when they clamor for "strict constructionists." First of all, the term is meaningless and overlaps with textualism, originalism and common sense.
But just as a tax cut for may override the desire for a balanced budget -- which the Republicans had no trouble discarding -- the proper right-wing ruling will excuse a lot of pompous judicial interpretation.
These guys have certain goals and it's not entirely clear how they are conflated. Clearly, they want laissez-faire business policies and they don't mind voter suppression or even foreign interference, as long as they win, but what is the corporatist interest in abortion? That is the political glue that holds the right together, but no one would allow principle to interfere with political expedience.
I would much prefer to think we're not all being played. But, alas....
5
So much easier to convince someone of your "good intentions" when a little financial advantage is made a part of the conversation. What others have said far better than I, I have to reiterate ... I had far higher expectations from our "leaders".
4
You might be right. But you give no consideration the the fact that this poor man was exhausted. How old is he? mid- eighties? We should all just live so long much less serve on the Supreme Court while we are doing it. Kennedy is a hero! Way beyond the call of duty. Besides that, as we all know its not Trump who will decide the Kennedy replacement it's Mitch. So whoever it is don't blame Trump.
1
The idea that SCOTUS is non partisan is absurd, as proven by this. Kennedy is a conservative who wants another conservative on the court. Not the best justice. A right-wing justice.
I never had much respect for him, but now I have none.
6
Yes, of course. This is completely different from when Souter and Stevens retired, because they didn't want to be replaced by liberal justices. It's probably just a coincidence that Obama nominated liberals Kagan and Sotomayor to replace them.
5
Thank you, NY Times, for revealing the behind-the-scenes corruption that has been going on with Justice Kennedy. We should assume from now on that the Supreme Court is wholly compromised by partisan bias, and will not be a reliable or effective check on the corruption in the White House.
10
I dearly wish that Obama had had the backbone to push for his own nominee.
9
I'm just trying to figure out where to move outside the United States. It's hard to tell exactly what is coming, but you know it's going to be ugly and dangerous.
7
Makes you wonder where the relations of the other SCOTUS justices are currently working, doesn't it?
6
Trump sews chaos everywhere, all the time. Contradictions, lies, complete nonsense. This piece demonstrates, however, that contrary to appearances, the White House is not just a chaotic mess shooting from the hip. This is all calculated in a way it is hard to begin to appreciate. Why did the Democrats not see this coming and work to thwart it? It's why Trump is in the White House and the real chaos appears to be in the Democratic Party, much to the detriment of the country.
3
So, Trump was obstructing with a Supreme?
1
This resignation IS Justice Kennedy's legacy. No one will remember anything else.
7
I will remember that Justice Kennedy fiercely defended the liberty of the individual against the power of the state, and that he chose to retire at a point in time when it was far more likely that his successor would do the same.
I think it is about time to recognize reality. The Supreme Court is now nothing more than a tertiary arm of the Republican Party.
6
So basically, Trump is doing what other Presidents have done, but God forbid we write a story about Trump that is not negative in some way. What a dishonest opinion piece.
4
Well, Kennedy can be confident that his legacy is secure, as a cowardly wingnut who cut and ran when he was most needed.
Kennedy will be right down there near the bottom with the likes of Donald Trump and Roger B. Taney.
No statues for Justice Kennedy
3
The US is becoming Gilead.
9
Arabella Kushner is Mrs. Trump's step-granddaughter, not her daughter
1
No, she isn't. The article is correct: Arabella Kushner is the daughter of Ivanka Trump.
4
Kennedy is seriously that gullible? Good lord.
6
Influencing the Judiciary and Kennedy fell for it.
How can anyone with that stature and intelligence believe anything DJT says.?
Sure, the liar in chief is going to appoint someone similar to the retiring justice!
3
Kennedy sold out for a few appointments for his former clerks and possibly a pass for his Deutschebank son who helped the Trumps get some dubious loans from a crininal bank. His legacy will be that of a corrupt justice.
7
If you trust any member of this third rate crime family,you are no longer competent to serve.
6
I'll buy RBG a new Tesla if she retires...in notorious red, if she prefers.
2
If she didn't do it when Obama was Pres, and the Dems controlled the Senate, she sure as heck isn't going to retire now. They are going to prop her body up in that chair for years, like Marshall, until the Dems regain power. I look forward to seeing hundreds of outraged comments in the NYT when that happens. Sure.
Sad and swampy. Heck, let's just call it what it is: corrupt crony capitalism worthy of Putin. Trump was quick to note in the moments after his first address to Congress in February 2017, as he made his way out of the chamber, to pause "to chat with the justice. “Say hello to your boy,” Mr. Trump said. “Special guy.”
Ugh. Disgusting. But how he did business. "Mr. Trump was apparently referring to Justice Kennedy’s son, Justin. The younger Mr. Kennedy spent more than a decade at Deutsche Bank, eventually rising to become the bank’s global head of real estate capital markets, and he worked closely with Mr. Trump when he was a real estate developer, according to two people with knowledge of his role. During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history."
Now its time to try to clean up the vomit that Justice Kennedy left on his copy of the Constitution.
3
This Inquisitor story details the Justice Kennedy's son/fale president history. Shady and depressing:
https://www.inquisitr.com/4962509/donald-trump-anthony-kennedy-son-loans/
3
The four sensible judges on the Supreme Court should all resign. They are powerless and only figure heads. It is time to show the people that the court is no longer about legal precedent or the laws but Republican idology to have Corporations and Billionaires with all the rights and all the political power. Common Citizens in the US do NOT have rights or power....you are slaves....especially if you are a woman or a minority.
2
Yes, of course. I'm sure that exactly what you said when the SCOTUS balance went the other way.
2
Thanks to all of you "I just can't vote for Hillary" folks.
You made this bed we all have to sleep in!
12
Money talks.
3
“Deutsche Bank was the only major financial institution to fail the Federal Reserve's annual stress test exam...”
CNN; June 28, 2018
4
USA ... love it ... or leave it!
Hmmm ... seeing a twisted side to this refrain! If I decide to leave ... can a Migrant person take my place?
Kennedy= traitor. No doubt about it, he was concerned about leaving his own legacy intact, a right wing, conservative legacy. How on Earth do the journalists of this country , including those working for the Times and Post come off as saying that he's a "Swing Vote"? Get with reality guys/gals. The biggest laugh i'm having now is that Roberts is now the swing vote. Absolutely , positively delusional. Now this is all real- "FAKE" news.
1
Did Kennedy get a sweetheart deal, or an offer he couldn't refuse?
9
What do you offer an 82 year old? The body of a 22 year old? I don’t think Trump could pull that off.
1
Wait, what? This article can't be correct. It's NYT dogma that Trump is an incompetent fool. Now we find out that he's an effective and subtle advocate. Wow, who knew? Not liberal readers of the NYT.
1
Yeah, they did the same thing with President Reagan. It got so bad that SNL did a hilarious skit with Phil Hartman as President Reagan juxtaposing between doddering old man and evil genius.
Justice Kennedy, oh yeah, your legacy is secure: You go down in history as a PATSY to the dumbest, most venal, most ethics-free and manipulative "president" this country ever had.
Don't let the door hit you on the way out!
9
Thank you President Trump. Again!
2
It's laughable really. A Supreme Court justice stupid enough to believe anything a Trump or a Kushner told him? So it obviously wasn't that. Something else must have been exchanged.
6
Hillary said a quarter-century ago that there was a vast right-wing conspiracy, and the response from the right wing was to launch a vicious campaign of manufactured "crimes" and character assassination that continues to this day. Obama mentioned the folks who cling to their guns and Bibles, and the shrieking from the gun nuts and the Bible-thumpers was deafening. Hillary spoke of the basket of deplorables, and there was outraged screeching from the deplorables. What Hillary and Obama said was true, and they had to be utterly destroyed. But we still know what is true. It's clear now that the Republicans are complicit in the Russian theft of our elections, that they don't thwart Trump because they're in the sewer with him up to their armpits, and that even some members of the Supreme Court have soiled the hems of their robes. Life imitates art; it's freakin House of Cards. With the Lying King on the throne and his Court lapdog stepping aside to allow another illegitimate appointment, our government at the highest levels and in all branches is now thoroughly corrupt. All to make sure those "others" don't "get ahead" of the "real" Americans.
But Republicans should not be quite so gleeful: their contempt for the rule of law will become contempt for their own illegitimate rule. The blue states, and indeed, the rest of the world, are already stepping around Trump like something the dog left on the sidewalk.
23
You're right, and our only hope is record-breaking Democratic participation in the "off-year" election in a bid to oust Republicans fROM office, EVERY SINGLE ONE!
3
So, Democrats who didn't vote, how your decision working for you?
21
Yes I would like to that pseudo actress activist Sarandon what does she think now. How s the machine running fro ya? Same with the Burnies
4
Hey fence-riding undecideds, Jill Steiners, I-won't-vote-for-Clinton-justbecause, the stay-at-homers, the i-voted-for-Bernie-anyway's.
How's Hillary look now?
13
This is your argument? "Hillary is less bad than Trump"?
Can't believe that didn't work.
4
Kennedy's legacy will be propping up a despot.
4
It still is mind boggling that this racist con-man and Putin lackey is entrusted with picking a justice for Supreme Court let alone any of the other duties of the presidency.
6
T has the reverse Midas touch: Everyone who is touched by him is turned to manure.
5
This article doesn't at all fit the narrative of Donald Trump as a stupid, incompetent -- or even crazy -- President. Going forward, it is clear that Democrats would be very foolish to underestimate President Trump, his skilled advisors and the strength of his support among Republicans in Congress.
2
..
1
It will be no abortions, then they will move on to getting rid of the morning after rape pills, getting rid of birth control . Then they will finish the job of getting rid of voting rights. Trump may be impeached but his Supreme Court Shills will let him pardon himself. When he declares martial law to stay in power , they will do nothing. Gay rights will be gone. Title IX gone, Healthcare gone, Trump voters when you are sick without healthcare ,it is your fault. When banks steal your money blind , it is your fault. When your wife who is dieing if she carries that fetus is dead, it will be your fault, When your daughter is raped and is forced to carry that baby,it is your fault. When your health is ruined by black lung disease and the coal companies don'tow you a dime, it is your fault.
3
Political extreme religious Fundamentalism in the Real Estates-Mafia Don Trump's U.S. America, is still the oldest AmeriKKKan Billionaire Republican-Nazis in hyper-fascistic governmental and racist-rapist law-makers' positions.
Where ICE is torturous and murderous alike ISIS just with "C" for Criminal American-Nazis. And both smell like utmost violently colluded global religious Nazis Gleich-Schaltungs-Shit.
https://www.theguardian.com/world/2018/jun/04/project-blitz-the-legislat...
4
and people wonder why the Dems don't win elections
5
i agree with the comments and read the article linked. Conservatives and Christians have been in an adulterous Affair for all time.The This political dynamic dates back to Roman days when the Religious leaders persecuted Jesus. Since then who the good Christians are is hard to discern, except we know church and state fornication is never good for individual freedom nor compatible with true democracy. Which brings me to Kennedy and his retirement. It is astonishing how someone who has worked an entire lifetime dedicated to public service in the independent Judiciary that is our i.important check on government is leaving and foresakibg his legacy. Kenbedy's legacy will be forgotten, only to be remembered as the man that guaranteed the destruction of american republic democracy by retiring too early knowing trump was in the white house and so close to impeachment. A goid soldier never deserts the field of battle if the cause is greater than his life.
1
Thanks to Maggie Haberman for the excellent and timely reporting.
Elections have consequences - at least that it the way it is supposed to work. McConnell's work to thwart a rightful nomination by Obama contrasts sharply with his effort to fast-track the coming nomination before the fall elections.
The current GOP leadership have repeatedly shown their true colors, it is up to the voting public to notice and respond appropriately.
5
Let us hope that Justice Kennedy does not come to rue being the victim of a classic bait and switch by a consummate con-artist. Both Justices O'Connor and Goldberg are reputed to have deeply regretted their decisions to leave the Court. Will Kennedy be the third?
1
While I'm not necessarily a fan of Just. Kennedy I do think he was in line with the constitution on most of his votes. Good luck to him having Trump honor his legacy with his choice, I'm sure POTUS will choose another unqualified ideologue to replace him. Trump honors no one not even himself since treating others with respect (not name calling) and honoring your debts are a large part of what constitutes honor where I'm from.
2
You are a fool if you think that Gorsuch is unqualified to be on the Supreme Court. He graduated from Harvard Law School. He clerked for Kennedy. He was a circuit judge for 10 years. One is not unqualified because someone with no knowledge of the law decides he does not like Gorsuch’s rulings.
1
Trump will probably declare there was no collusion.
4
Now that we know Kennedy had a massive conflict of interest with Trump, his son was the Deutche Bank contact who loaned Trump money when no one else would, are we surprised that he retired at a time of maximum advantage to Trump and the Republicans? Just in time to whip up the base for the election. Just in time to,avoid a recusal on cases involving Trump's corruption. How convenient? How totally corrupt of Kennedy. His legacy is now sealed, not as a champion of gay rights or as a principled conservative, but as a pure party over country Republican hack.
9
We need to get away from the Roman Catholic majority of the Supreme Court. Regardless of professed or implied political leanings, the lack of religious diversity and notable exclusion of Protestants, who make up a large bloc of citizens of this country, is dangerous.
7
The Media and politicians on the left, center and right are downright hysterical about Justice Kennedy's long expected retirement from SCOTUS. Old decisions are in danger of being revoked, etc. It reminds me of the old children's tale of Chicken Little: "the sky is falling in....."
Please take a deep breath and show some sense.
Just for the record, I am NOT a Trump supporter.
This is simply outstanding reporting.
6
All three branches of our government seem to have been compromised. Imagine that.
8
from what we know about the trump cabal I can't help but think there is more to this story than Kennedy just wanting to spend more time with his family - yeah, right. Thank you Mr. Kennedy for putting our country into an even bigger mess than it already is.
8
Wouldn't it be just if John "he's dying anyway" McCain got another chance to throw a monkey wrench into the Trump/Republican plans, this time by refusing to agree to any Trump candidate before the next election...
4
It would not matter. Republicans would still have a 50-49 majority.
Why was Justin Kennedy's involvement in $1BB loans to trump buried near the end?
12
"During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history."
Trump's "troubled business history"?
I want to throw up over this kind of euphemistic soft pedaling of Trump's theft of wages from companies that did business with him. Trump is a bully and a crook that wouldn't know honest business collaboration if it bit him in the behind.
He uses lawsuits to extract profits from his contractors and bankruptcies to get out of his debts. There should have been a link in the article to stories and analysis of that business history.
"troubled business history" indeed.
6
Please, we need a Democratic tsunami in November and criminal charges brought by Bob Mueller. That’s really all we have left.
7
Deutsche Bank--the lender that would, when all others would not--that explains it--the Justin Kennedy connection.
Trump has been laundering money for Russian Olig's ever since when.
Trump is a swamp animal extraordinaire. Oy Vey for the country.
14
The fact that Kennedy's son was Trumps private banker at Deutsche Bank, the only bank willing to lend to this criminal enterprise, didn't hurt either.
9
Is anybody connecting the dots? - Trump. Kennedy. Deutsche Bank. New York real estate. Russian money laundering. . .
17
From my earlier post on a related article...
Memo to Justice Kennedy: if you allowed DJT’s handlers to talk you into this move at this particular moment to preserve your legacy, be advised the first line in your obituary will contain the words Donald Trump. Like so many others he has tainted, he has insinuated himself into the very fabric of anyone within whom he comes in contact. You can’t wash out that spot. And like a blemish on the face of an otherwise beautiful woman, the eye is drawn to the flaw and all else fades.
6
so, they lied to him . .. big surprise
2
Well, gosh - who needs the Russians to interfere with "our" Political System's Foundation, when the Oval Office will stack the deck anyway ??
The timing of this truly stinks. Even with Justice Kennedy's age, I would think that he would have smelled a rat, here, and waited before retiring. But then, maybe he just couldn't stomach being in Washington anymore.
With SO many legal precedents at stake here, and with an ego-inflated buffoon at the helm, the outlook is not brilliant for American Law.
Justice Kennedy: You've been played.
5
Gee, seem to remember Ruth getting strong-armed to retire during the Obama presidency.
How'd that work out?
2
It's all about who ya know. History has been changed because of McConnell and Trump.
So the only question now is: Will Trump appoint Ivanka to succeed him as the first woman, fascist dictator?
America is lost.
5
The Irish have for long been known to cling stubbornly to their ideas, stupid or good, because they defined their identity, which was so often all they had in this world. Such was the reason why so many starving Catholic families in Ireland chose starvation when offered soup in exchange for converting to Protestantism, when sensible people would not have condemned them for giving up one pointless ideology for another to survive. Now, the Kennedy family remains Catholic, and Anthony isn't even hungry......only his ego is, and like a child offered candy from the Evil Clown, he will accept strokes from anyone. Now I get that people can become lonely going into their eighties, but this is where "old enough to know better" can only apply to one who recently wrote anything intelligent from the bench. Anthony has just betrayed not just Irish Americans, but the future of the progressive democracy which made it possible for his family to ascend to Washington politics. He's flushed his family legacy down the toilet for a tune from Trump, the Pied Piper......what a pitiful disgrace!
4
Typical of the Republicans. Their all white party represents a minority of the country. Because their hatred of minorities, Republicans know that they can’t win at the ballot as the county gets more diverse. Instead, they’ll rely on the Courts to implement their agenda of Evangelical Southern White Supremacy.
10
If he thought President Trump would respect, much less even understand his judicial legacy, Justice Kennedy is a fool, and has been played for one.
7
Funny. Stephanie Ruhle, who apparently worked at Deutsche Bank, said this :”I worked w/Justin at DB
While he did run a portion of the real estate biz
He was on the institutional side of the bank -NOT private bank
Trump was a private bank client & I believe the lending happened after justin left DB
Trump wanted to borrow from the instit side/they said NO”
Does the NYT have fact checkers?
1
Yes, of course. They always check to make sure the facts support an anti-Trump narrative. And I hate Trump!
1
So Kennedy wants to retire in time for Trump’s Republicans to determine his replacement. He knows that all the judges that Trump has appointed are right wingers who his advisors believe cannot make rulings unfavorable to right wing interests. He knows that his successor will never be a swing vote, ever, if Trump has his way. So Kennedy is just another Republican who seeks to increase disparities of wealth and political power to fortify the overall power of a minority of citizens with who he identifies, after all. Sad for the country.
5
Why is it permissible for a president - and his family - to influence the retirement date of a Supreme Court justice?
5
Why shouldn't it be? SCOTUS appointments are incredibly important. As the article says, the Obama administration tried (unsuccessfully) to get RBG to retire, and was successful in getting Souter & Stevens to retire at a time when the Dems could install replacements that would uphold Dem political values. Where's the crime?
how come we are so upset and vocal about everything that is going on. We certainly are the smartest people in the country, we know what is right. Yet, we don't control the house, senate ,White House, or Supreme Court......it is because we don't see the enemy from within. Our failure is from actions of our own. The question is who will make us really understand.
2
Wonder what great lies the WH told to Mr. Kennedy? Hope there were no veiled threats against this elderly gentleman. trump is not above threatening to get what he wants. Mr. Kennedy should know that he is not leaving this position in the hands of a good, intelligent & forthright justice. He is leaving it to an administration that wants to repeal & replace constitutional rights with those trump thinks americans should have....none. So freedom of free speech, freedom from religion, freedom to assemble, freedom to disagree with this administration will all be gone before the Nov. elections. The supreme court will then back trump when he declares all elections null & void & declares himself dictator for the better good of the people. This is not a law abiding, Constitution upholding government.
1
Don't like it? Vote Democrat in November. Nothing else will make the slightest difference toward restoring democracy in the United States.
4
Kennedy's enduring legacy will undoubtedly be this decision to give the choice of his replacement to the most unfit person ever to occupy the White House---someone elected by a clear minority of voters.
Let's stop talking about preserving our "democracy" and our "freedom". This tyranny of the minority means that both are substantially gone already.
10
The utter arrogance of our system of government is forever exposed. Kennedy is an OLD MAN; there should be a retirement age for SCJ's. American culture is puerile and vain; it refuses to recognize that age is real, that old is old no matter what: what old can still do, it does LESS well. Thoreau said it best, "The old have not gained so much as they have lost," Kennedy and Ginsburg very much included. That our elders show such vanity and refuse the logic of regeneration will be its own reward. All 1.4 Han are smiling like the Buddha.
Once again, usurping civility and fair play; but what else should we expect from a criminal?
Justice Kennedy's acquiesence to Trump's "quiet" campaign of flattery may simply be the fact that he is 81 and tired of the SCOTUS combat, which has become increasingly political. And at 81, one's judgment may begin to falter, e.g., Kennedy's last vote to allow Trump unfettered power to decide what's in America's security interest --- which might mean that letting Russians infect the elections could be deemed by Trump to be in our interests.
Too bad Kennedy couldn't wait until 2019, just five more months. His falling for the charm offensive further suggests a a tired 81-year-old mind. Once all of Kennedy's landmark opinions have bootmarks all over them, Kennedy will be remembered for being a sucker and giving the morally bankrupt Trump an "everlasting gobstopper" of a win, which gob we all will choke on for many years to come.
But then again, Kennedy may be worse than a sucker for flattery; he may be a sucker for one of Trump's famous deals. We should closely monitor to see if any post-resignation "gifts" or "rewards" flow to Kennedy (and/or his Deutsche Bank son) once Kennedy is out, especially "gifts" linking Kennedy, Jr., to a Trump Tower in Moscow or Ukraine or China or North Korea.
3
That was no lapse in judgement, that was outright bribery. Trump did it with the Fla. attorney general with no consequences, and now he has done it with a corruptible and corrupted supreme court justice.
I cannot state strongly enough how important it is for you to google and then read this article if you haven't already. "Meet the Economist Behind the One Percent’s Stealth Takeover of America" Here's an excerpt: "While Americans grapple with Donald Trump’s chaotic presidency, we may be missing the key to changes that are taking place far beyond the level of mere politics. Once these changes are locked into place, there may be no going back." and this: "...created legal programs for law professors and federal judges which could boast that by 1990 two of every five sitting federal judges had participated. “40 percent of the U.S. federal judiciary,” writes MacLean, “had been treated to a Koch-backed curriculum.” There is much much more in this article that should galvanize you if you aren't already to stand tall and speak clearly about what is happening to our democracy. While yes we should definitely be concerned about Putin hacks we are also under great siege internally and it is dressed up to look like patriotism. apple pie, and law and order.
6
Summary: Donald Trump hoodwinks yet one more person. Trump's words and assurances aren't worth the air they ride on - that's been demonstrated time and time again. Justice Kennedy will realize the magnitude of his gullible mistake when Trump announces his replacement.
4
It galled me to no end when Charles Grassley publicly called on SCOTUS jurists to retire sooner than later if they were considering it. "Hypocrite" has lost its descriptive and shaming power. Remember Merrick Garland.
3
This SCOTUS appointment is a battle already lost. McConnell's "gambit" with Garland was despicable but there is no comparable remedy the Democrats can pull out of their threadbare sleeves. Republicans will crawl over burning coals and broken glass to get this seat.
So get this hearing & confirmation over and done before Oct 15th -- do not let it become an issue for Nov 6th.
Get yourselves together for the next battle, now. Concentrate on the (failed) policies and corruption of the President and his people; ignore the man.
A walloping 59.7% of voting age persons (VAP) got off their couches to vote in 2016 (just for comparison: Belgium 87%, Turkey 84%, in recent elections) That means a grand total of 245,000,000 VAP x 59.7% = 146,270,000. Fewer than 45% of US citizens put us where we are today. A minority, and a fractured minority at that.
Get out your vote. In your neighborhood, town, county, state & country. Otherwise, just knock it off and change the channel.
6
However legitimate and conventional the machinations to nudge Kennedy into retirement, there seems little question that the Right would be crying "foul" if there were such personal/financial ties between a Supreme Court judge and either President Obama or shoulda-been President Clinton. And Senate Republicans are being utterly hypocritical trying to rush a new nominee through because they fear Democratic wins in November when they used the same reason to delay the nomination of Merrick Garland in 2016. Trump complains about "rigged systems" and yet he and his party are evidently dependent on them.
If only Senators McCain, Flake, Corker and others could find the fortitude and patriotism to leave the Republican Party before they left office. Taking Senate control out of Trump-toady Mitch McConnell's hands would go at least part-way toward hobbling Trump's march toward fascist autocracy.
2
Just another example of how crooked the conservatives on the supreme court are. They favor corporations over workers, consumers, and families at the behest of the wealthy and Justice Kennedy retires as a quid pro quo for the biggest crook of them all.
4
Thank you to The Times for once again shining sunlight on the tight Washington connections that make it impossible for average Americans to receive the full rights we were promised by the founding fathers under a democracy. I found the maneuvering to remove Kennedy quite interesting, especially the connection between Trump and Kennedy’s banker son. How odd that Kennedy did not have the stamina to stay on through the November elections, while little old Ruth Bader Ginsberg manages to soldier forward through some of the darkest days in our history.
One angle still to be pursued is the possible role that any financial incentives may have played in Kennedy’s departure. After all, Supreme Court justices don’t make a whole lot of money . . . at least not from their government salaries. These days, anything is possible and it seems almost anyone can be compromised in the era of Trump.
3
Exactly. Haberman et al didn’t go there but that doesn’t mean there’s no there there.
This is really interesting reporting.
I guess the sad fact is that the Supreme Court is inexorably politicized.
Although I believe the conservative justices are far less likely to legislate from the bench than the activist liberal wing.
That's why all these liberal precedent rulings are at risk--liberal Justices built up a house of cards in finding new uncodified Constitutional rights out of "penumbras". A house of cards now poised to crumble.
The same can of course be said for certain conservative rulings--like the Heller case on the 2nd amendment. But fewer for sure.
2
There is no end to political manipulation within the Republican party. At least Justice Kennedy won't have to recuse himself when Trump's real estate dealings make it to the Supreme Court.
4
I have never received so much for my one vote as I have when I voted for President Trump!
3
Yes, that's true. No other vote bought you the apocalypse. Enjoy the little time you have left as the citizen of a marginally free nation.
6
Okay, Joe, I’ll bite, out of idle curiosity more than anything else.
Can you delineate exactly what it is that you have gotten for your one vote?
Please do tell us, because we really want to know what a seemingly average Trumper feels like his president has done for him. C’mon, don’t be shy!
Thank you.
4
Ummm yeah, you haven't seen the half of it yet.
When you can't breathe, drink clean water, fight in court, sell your home because it's under water, or pay any of your medical bills... Check back in with the rest of us.
5
I have met the man on several occasions and have always thought that he comes across as a person who has a high opinion of himself. These lifelong appointments are a ridiculous idea. It gives those few individuals way to much power. Democrats need to rethink America and stop harping back to the past and the way we did things 200 years ago. The world is an ever changing place and we need to change the political landscape to fit with that reality.
3
Yes. I agree. No more life long appointments and Dems should pack the courts if they get the chance. Also, impeaching Clarence Thomas might be a good idea. And a private, Steel Dossier type investigation of the finances of the right wing SCOTUS injustices might shine some light on the state of the court.
It all becomes clear now. Everything with Trump is transaction related. Since Deutsche Bank was Trump's only lender, Kennedy was his boy. As for Kennedy's "judicial legacy", we can thank him for Bush v. Gore, one of the worst opinions in the history of SCOTUS. A blatantly political opinion grounded in neither law nor fact it gave us the Iraq war-hundreds of thousands of dead (yeah, non-US citizens count). We can also thank Kennedy for Citizens United which equates free speech with money and has totally polluted our "democracy". A handful of opinions that affirmed basic human rights will not save his reputation. One of the worst ever.
9
Wait, Kennedy was indebted to Trump because his son was involved in Deutsche Bank loaning money to Trump? How do you work that out?
1
My spider sense is tingling. They must have something incriminating on Kennedy’s son. It makes more sense that Kennedy supported two disastrous SCOTUS decisions and then announced his retirement if trumpco used a carrot and stick approach to knock him off the court.
2
Did we forget that the Presidency and those involved with his campaign is under investigation?
2
The Obama White House should have brought the same pressure to bear on Justice Ginsburg. She's a brilliant mind and has been an inspiring justice, but it was an act of pure hubris for her to remain on the court as she pushes toward 90 with a past cancer diagnosis. To contend otherwise would mean making the argument that she's singularly indispensable, that there are no other judges who could carry on her tradition, that she alone can defy the laws of aging and disease. Instead, we got a choice of spectacular selfishness and self-indulgence.
5
They tried.
I guess the Obama White House was just too honest and upright for its own good, not to mention the good of the country. Playing by the rules is for suckers.
6
She is indispensable.
“When Mr. Trump took office last year, he already had a Supreme Court vacancy to fill, the one created by the 2016 death of Justice Antonin Scalia.”
Correction: The one stolen by the partisan, heedless, cynical, hypocritical McConnell, who refused to permit the Senate to perform its Constitutional duty.
13
No president can force a Supreme Court judge to retire. If Trump was successful in forging a relationship with Justice Kennedy, it means that this retirement is no that much of a loss for the left anyway.
4
Everything in this White House is strategic in some way. It's either through intimidation or praise or the basic tenet, lying. I guess Justice Kennedy was open to praise and attention.
One wonders if his legacy will become how freedoms we have come to enjoy in this county came to an end with his departure opening the way to tipping the court to the whims and intentions of a minority in this country.
This is the first time since I was a teenager that I do not trust my country. I do not trust Trump to tell me the time of day. Certainly he would lie about that if he thought there was something in it for him.
What troubles me most is that a country that was founded on separation of church and state has become as close to a theocracy as it can get. That Trump is the poster child for religious right and evangelicals is an irony in itself. He has been morally compromised for decades. He is the king of hypocrisy who talks both sides of his mouth.
We the voters can put balance back into policy in November. Don't sit idly by thinking you will not be affected by the replacement to Justice Kennedy. It will affect you in ways you cannot imagine.
7
Perfectly put. Thank you.
1
Of course - of course! - Justice Kennedy's son worked closely with Donald Trump while a senior manager at Deutsche Bank. Had this sort of chummy relationship happened with Obama the right would be howling at the moon. Here, though, it's just another day deep in the swamp.
10
I’m confident that unless health concerns make it impossible for her to continue, Ginsberg will hold fast until the bitter end like the true patriot she is.
Kennedy, on the other hand, will go down in history—if there is still a future left in which histories can be written—as a coward, a partisan, and a traitor to democracy.
9
Perhaps Robert Mueller should investigate this as well? There must be some Russian influence here. You can't fool me, those Russians are dictating every single one of Trump's moves.
THE SKY IS FALLING!
5
GREAT RESPONSE!!!!!!!!
Justice Kennedy should have been remembered and immortalized as the most influential Justice of today's court. By submitting his resignation six months earlier than hoped for, he showed his hand as a complacent member of the Trump regime. I will overlook the ties to his clerks and son but the fact remains that in choosing this timing, he clearly was playing to a president that so doesn't deserve the bounties presented to him.
We are now down to Murkowski and Collins to rise to the occasion. Will they act like Kennedy? Selfishly? For the sake of the Union? I can only hope that they will act more appropriately as US Senators than a life-time appointment to our highest court has.
My greatest question is where are the breaks. Not the "oh give me a break" breaks. I mean the pedal to the left of the fuel pedal. The actual "break"!
We need to put a break on power and the three Democrats in key Senatorial races need to stand on the line. So do Murkowsky and Collins. What do these five have to gain in particular, the two women from the GOP, our nations eternal gratitude. What do they have to lose, everything.
But that is what Justice Kennedy, who chose "everything to gain", did by putting this critical moment in the hands of so very few. What are we to expect.
McDonnell and Trump know that this is their moment. And Murkowski and Collins together hold the key. They are approaching, no they have risen to the moment of their calling. Can they put country over party?
4
The brakes put in place to stop this madness have been broken.
1
"Mr. Trump was apparently referring to Justice Kennedy’s son, Justin. The younger Mr. Kennedy spent more than a decade at Deutsche Bank, eventually rising to become the bank’s global head of real estate capital markets, and he worked closely with Mr. Trump when he was a real estate developer, according to two people with knowledge of his role.
During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history."
Now I understand the gross complexity of Special Counsels intense, broad and deep investigation. These two paragraphs sum up the very seriousness of the investigation. It always starts at the very tip top, the corruption that is, including the U.S. Supreme Court and the office of the President of the United States of America. Unbelievably treasonous.
7
Yes. The tragedy is, Trump's base doesn't care.
2
Isn't it sad that justices retire when they can ensure they are replaced by their party's choice? So much for having a core set of beliefs about the consitution.
7
Sucker. He believed Donnie Trump who lies for a living.
Sad end to a good justice.
6
Why has the Times buried the Deutsche Bank lede?
11
This is a paper thin story trying to spin a conspiracy out of circumstantial meetings and a presser Trump gave when he named Gorsuch. NYT, you can do better and you must. Shallow sensationalism like this just feeds the "fake news" hysteria.
8
Fake news that Kennedy's son loan a billion dollars to Trump? Yeah, okay. Go back to Russia.
2
What can those on the left who are appalled by all this do between now and November? Join in registration drives and "get out the vote" efforts.
What can be done on November 6th? Consolidate behind whatever Democratic candidate is on the ticket in your district and state. Before anything else, a Democratic majority in one or both chambers of Congress is imperative, to provide a check on Trump and the Republican hard-right agenda.
Beyond that? Begin making inroads to the working class and lower middle class in red states by emphasizing traditional Democratic issues and values, like worker rights, living wages, the growing wealth gap, affordable and accessible health insurance, etc.
13
I was really confused when Kennedy opened his retirement letter to Trump saying "my dear president"; now, this explains it.
Nauseating!
12
I hope Justice Kennedy's legacy is now forever stained by his associations with Trump
15
The fact that Kennedy used the words “My dear President” to begin his letter makes me want to throw up.
27
His "judicial legacy would be in good hands"!? His legacy will be he quit when he saw an opportunity to swing the court dramatically to the far right. No one will ever remember anything else about him.
My only hope is that Mr. Kennedy has a long life ahead of him during which he can witness the damage to his country to say nothing of his legacy first hand.
11
The commenters all pretend that the justices are pure jurists with no ideological bent and that conservatives are out to transform the court politically. The liberal wing is as bad, if not worse. Ginsberg, Sotomayor and Kagan can be counted on to vote as a block and are totally predictable before a case is even heard. History shows that the court swings back and forth. Stop hyperventilating. Elections have consequences.
7
"The goal was to assure Justice Kennedy that his judicial legacy would be in good hands should he decide to step down at the end of the court’s term."
So the White House lied yet again.
3
Strong arming the people (small p) is popular these days, even though most Americans feel our democracy has been blown into oblivion and appears to only benefit (not really) his base and his friends (really), oh the continuous riling pitch of the Presidents base.
Spineless, sychophantic Congress and now the Supreme Court!?
How is the Executive Branch a separate power from the Supreme Court when the Executive Branch can nominate a supreme court justice who gets vetted and appointed by Congress that is so far Right?
Where is the balance between conservative and liberal beliefs?
I agree, we should vote for Supreme Court Judges, and their salaries. This nomination should not be left up to ONE man or woman. And while I'm here, the Electoral College should be done away with.
3
I never understood all the praise for Kennedy as the moderate, or swing voter. He was and is a conservative who has voted with the conservatives on the Supreme Court for almost all of his tenure. There have been a few precedent setting cases where he voted with the liberals, but very few. He certainly voted against upholding Obamacare and he was visibly a conservative vote on three important cases decided this week. Maybe his successor will turn out to be another David Souter. Right now, that's all I have to cling to.
9
Oh, Justice Kennedy -- how could you possibly undermine your legacy like this? Trump & co have suckered you too. Just when I think all the coffin nails have been pounded in, you retire! How cruel. Why? How could you? Where is that independent, powerful mind that stood up to tyranny so often?
7
Wasn't there a similar push for RBG but she didn't do it? I seem to recall cocktail party gossip about getting her to retire so Obama could appoint her replacement????
8
@Dustin Siscona: "Cocktail-party-gossip?"
1
That's right - like the article says.
Once again the Schemer in Charge wins - duplicitous, self serving, phoney-baloney
4
This is exactly why the president was elected. Now let's get some of the other too old to do their jobs out of there. One is rumored to sleep on the job, so at 85 she needs to retire. I would like a retirement age of say 80 for all judges.
9
There has been nothing quiet about the White House announcing the Justice Kennedy retirement. As soon as he met President Trump in person and presented a retirement letter, it was common knowledge that he was about to retire. There was no secrecy or underhandedness in the way it was presented.
Justice Kennedy may have mentioned in private about the possibility of his retiring but the White House was under no obligation to make it official and public until it was definite. This procedure is not unusual in most places of business. As s matter of fact, it is usually the way it is handled.
5
Call me old school, but I wouldn't have thought that a Supreme Court Justice -- who is one of 9 charged with scrupulously maintaining the independence of the third branch of government -- would accept blatant overtures by the Executive Branch to influence him, including negotiating the terms of his retirement with the Executive branch.
6
You wouldn't have thought it, but now you're read the evidence. What think you now?
Justices are not monks. They have other lives. (People that comment here and only live for politics are the weird ones.). They can discuss their plans and receive input. Also letting the President know ahead of time is a professional courtesy. My guess is the appointment of Justice Gorsuch had the biggest impact. When you are at the top of the pyramid and a youngster fresh out of school that once worked for you now has the same job you had and still have, it is time to go.
By siding with the conservative wing and it’s recent politically charged opinions, Justice Kennedy has managed to squandered his Judicial legacy. He will forever remembered for his last year on the court, rather than the previous 29 years.
9
For a so called “amateur” businessman unfamiliar with DC politics President Trump continues to demonstrate that he understands how to work the system. Democrats seem surprised he can accomplish anything working subtly behind the scenes.
3
The Party of Trump is always one step ahead of the Democratic Party. The Democratic Party is thinking bad news for Roe, LGBT, and many others. But in my opinion, The Party of Trump has decided that Trump will be impeached. Since impeachment may come before the SCOTUS, Justice Kennedy would be forced to recuse himself, since we have learned of his son's financial deals with the Trumps. Thus, the replacement would keep SCOTUS stacked in favor of the Party of Trump.
2
Impeachment comes before the Senate with the chief justice presiding. A conviction requires 67 votes and the moment that last vote is cast the incumbent is gone and the next in line instantly succeeds. The oath is a formality and can be recited later and is not immediately required for power. You can't appeal the conviction so I'm not sure how the court would be able to hear anything or who would have to recuse.
2
Any Justice nominated by Trump should also recuse from any impeachment related vote.
Back to sixth grade civics. Federal Impeachment’s are not within jurisdiction of the federal judiciary. I also do not think the President can pardon an impeached and convicted officer.
I think you make too much out of this so called "glad handing" and not so "glad handing" of the Justice.
Sure, folks want a justice to retire so that they can get a successor of their choice.
But, surely a Justice of the Supreme Court has his own reason to retire. And Justice Kennedy has been hinting at retirement for some time.
But ask Ms. Ginsburg - who has repeatedly refused to retire.
And let's not forget the disaster of an appointment of Justice Souter who was championed as a sure conservative from New Hampshire. He was championed by the ex Governor who at that time was Chief to 41st.
So, who knows - that this POTUS may make a similar mistake.
Although, it seems unlikely because unlike Souter - championed by one man - this POTUS has already revealed his list. And this list has been vetted by many influential conservatives.
But you never know if this POTUS will get a version 2.0 of Souter.
1
Not sure why do many people fall for Tump’s corruption. But Kennedy’s willingness to retire on Trump’s timetable is disheartening to say the least. Not only doesn’t he care if his swing vote rulings are obliterated, he allowed a corrupt president who might have committed treason and quite obviously is obstructing justice to replace him.
Shame!
5
while its true ( and most anticipated ) that the Supreme court will
outlast trump presidency - nevertheless, that court, ( if Mich Mconnel gets his way !) will further drag the US down the abominable path trump's election initiated. the founding fathers must be turning over in their graves learning what has, and is about to happen to the great democracy they founded .
God helps us all.
1
The praise of Kennedy is more than a little overdone. He was the author of the Citizens United v FEC opinion that opened the floodgates to corporate money in elections and did grievous harm to our democracy. This was the most important decision of his career, and he was instrumental in expanding what would have been a narrow Court decision. He may be a personally decent man, as some of his social decisions suggest, but that he was oblivious to the effect of Citizens United on the political system says that he was fundamentally a foolish man with poor judgment. His legacy is the corruption of elections.
28
Anyone still think SC justices are not politicians? Really that should have been put to rest by the Gorsuch nomination. If Gorsuch was at all honorable he would have refused the nomination and insisted that Garland's nomination be approved. Instead he eagerly grabbed the chance to get on the court even though the process to give him his seat was utterly corrupt. He knows, and we all know, that his was a purely political decision that gives him the opportunity to force his ultra right wing religious fundamentalist agenda on the American People.
It is really time to end lifetime appointments and make them limited to 18 years or so. And make appointment automatic if the Senate does not vote by simple majority within 30 days of the appointment by. That would put them on a rotation, allow most presidents to appoint one or more justices and make the court actually representative of the American People instead of representing only a small minority of ultra right wing extremists.
18
Been saying the same about NG, if he had any integrity he would have insisted that the other guy at least get a hearing, despite all the committee republicans refusing to convene (in a letter to MM.) (Is this the type of tyranny the NRA warns about?)
"Up or down vote"!, isn't that what the R's they say?" I say when were back in power we defund the seats of the last two appointments and make it a seven judge panel. We rebrand it as "streamlining" or "cost savings" or just plain...getting even!
1
Fear not nervous bloggers--Chief Justice Roberts has been promoted to take on outgoing Justice Kennedy's job as the new swing voter.
Conservatives just broke out the 45's of "Dancing In The Streets" and Partying like its 1959. So, what happens when the ultimate wish-list becomes true?
Roe v Wade; gone. LBGT protections;gone. Housing protections; gone. Voting rights; (what are those); gone. Birthright Citizenship; gone. What's left? Plenty to take away from those who still believe they are immune.
Religious doctrines of the right-order will undoubtedly become part and parcel of legislation; just ask Jeff Sessions. Habeas Corpus- an outdated relic of the Nanny-State. FEMA will be seen as a cumbersome agency of bloated handouts leaving states to fend for themselves. (Mother nature is what she is).
The list of rights and protections conferred (and inferred) by the Constitution will be blacked out for many and expanded for the few.
The glorious sounding hypothesis that America is better-than-the-rest, has always been a hopeful yet naive premise. Other nations have survived from the horrid mistakes of political engineering; can we?
5
You're giving this man too much credit for having any kind of strategy other than hate. He is only interested in having the continued fervent support of White Christian nationalists. It was effective in getting him elected in 2016, and it will get him reelected in 2020 because liberal purists will stay home again.
10
Now we know that the apprentice was the snake in the Garden of Eden. .
4
When Reid changed the Senate rules creating the "nuclear option" McConnell warned the Democrats: “If you want to play games, set yet-another precedent that you’ll no doubt come to regret. I say to my friends on the other side of the aisle: You’ll regret this,” he told Democrats on the Senate floor, “and you may regret it a lot sooner than you think.”
What do you think democrats, was he right?
13
Kennedy just got sold a bill of goods about his judicial legacy. With the ultimate conservative prize of a conservative SCOTUS, they won't care about Kennedy's legal body of work.
3
Again . . . Collusion. Isn’t it obvious by now, Bob? A blind man could have found it.
3
Kennedy's son was Trump's banker? The only bank that would loan him money? This is corruption on an unbelievable scale. They don't even have to hide it anymore. Whoever Trump names to the Court HAS to recuse from any cases involving Trump. That should be non-negotiable in the confirmation hearings.
11
So what's your theory? That Kennedy, thru his son, bribed Trump to appoint him to SCOTUS (10 years after he was already on the bench), by having his son's employer make loans to Trump (20 years before Trump ran for President)?
Or did Trump bribe Kennedy to retire (which he has threatened to do for about 10 years) by accepting loans from Kennedy's son's employer decades earlier (after his son no longer worked there), and then not repaying the loans?
2
Knowing that his replacement would be widely called upon to recuse him or herself from participating in cases involving Trump, makes it all the more puzzling why Kennedy resigned now, instead of waiting until after the November election.
I don't like the smell of this.
3
If Kennedy's legacy is doing whatever the GOP leaders tell him (e.g., Bush v. Gore), then I'm sure his legacy will be preserved. But If he thinks his successor will defend Roe v. Wade or gay rights, then he's either senile or delusional. Trump already has said he intends to nominate someone who will overturn Roe. Poor old man, poor old fool.
9
This is so obvious, the good old U.S of A , is for sale to the highest bidder not excluding Russia. Make America Worst Again.(MAWA).
14
MAGA actually means 'Muricans Are Gullible Always...as far as the Right Wing has figured things. And they have sure figured that America is Gullible about the mess of Law sausage and the bribery with the seasoning of treason all through it that they are presently calling 'Governing' and 'Lawmaking'.
'Muricans may well be so ignorant, but most Americans are not. And right now the sausage making is Very Badly Visible, and so incredibly damning as to be unbelievable: The Party of Trump is apparently the Party of Treason, It has become all too visible to ignore when the Supreme Court Judge steps down now, while his son works for Deutsche Bank, which handles loans for Trump? Not at all connected?
Most educated Americans follow the laws because they know exactly why and how they were put there in the first place. They well know the damage that happens when the laws are flaunted and crime is visibly rampant. They pay their taxes knowing that is part of the price of having a high standard of living and the basis of a thriving Nation.
'Muricans dont know what the real laws are or what they are for. And they mostly don't care, until something happens to them because They broke those laws and Then they want assistance delivered, Now, because they were injured/damaged/traumatized when they should be jailed instead. A great example is traffic laws.
Yet they are plenty willing to make sure The Law (as they see it) is Applied Strongly to everybody else, except themselves, of course.
1
The American public, those that don't want America to devolve into Fascism need to know this ...
We are Bigger than the Right-Wing, We have more Numbers than all the Politicians put together.
Together we have power ... if we stick together and unleash it against those Anti-American elements that have taken control we can defeat them!
Vote the GO/Tea OUT 2018!
10
Interestingly, this story, headlined "How the White House Worked to Get Kennedy to Retire", does not identify a single source explaining what it was the 'White House' actually did. Not only is no source named or quoted, the story does not even refer to an unnamed source. This is 'news' reported by our 'newspaper of record'?
10
trump and his crew are pathological liars - And Kennedy actually believed them?
13
The fact that the Deutsche Bank connection was not properly disclosed should create a little bit of a problem for Judge Kennedy, retired or not. It should of course create a huge problem for Trump but given his ethics and the trouble he is in already, no one would assume he would have done or would do anything about it. My concern is more about our democracy. We are proud of our "checks and balances" system and expect the whole world to be in awe of it. We now read in The Times (as if you could not talked about it earlier) that the son of a Supreme Court Justice is effectively the personal loan officer for Donald Trump in his shady, junk bond deals (I assume the Global Head of Real Estate Capital Markets title justifies my assumption). How is this something that does not raise red flags? I repeat what I have said in an earlier comment: we need to elect Justices directly in a totally transparent process. The Kennedy story is disgusting and has to have repercussions. Citizens of this nation, let us take it to the streets if necessary, we are on our way to ethical collapse, we owe it to our children to do better than this.
25
"We now read in The Times (as if you could not talked about it earlier) that the son of a Supreme Court Justice is effectively the personal loan officer for Donald Trump in his shady, junk bond deals"
No, you didn't read that. This is a reading comprehension problem. The article is clear that these loans were made long ago, before Trump ran for office (he was a Dem then), and while Kennedy was already on the Court. Importantly, and as noted today by Stephanie Ruhle of MSNBC (who is a staunch liberal and no Trump fan, but ignored by the NYT, Kennedy's son had no role in these loans, which were made after he left the bank.
The real story: Trump worked on Kennedy's kids. More corruption; more kompromat:
https://www.politico.com/story/2017/04/donald-trump-supreme-court-236925
7
If true, this proved to be a smart, effective strategy. This might be one instance where the White House was truly playing chess while the Dems struggled with checkers.
1
Thank you for opening up the comments page on this alleged news article, which contains no news or meaningful factual information. This is the least "inside" news article ever. It quotes not one named source within the Administration regarding any plan, strategy or communication to pressure Kennedy to resign. Instead it draws innuendo from a visit by the First Lady to a Supreme Court oral argument and spins conspiracy theory from the fact that Trump has appointed Kennedy clerks to the federal courts. Can Trump get Ginsburg to resign by hiring her clerks?
Every Democrat, progressive and socialist in this country has already proclaimed that they will approach the Constitutional process to replace Justice Kennedy as a no-holds-barred political death match. And we know why. No sane person can read our Constitution to allow for mandatory progressive social engineering and socialist wealth redistribution. Even the idea that government is authorized to address so-called "income inequality," which is the new obsession of the left, is found nowhere in our founding documents. Progressives need a SCOTUS that has as much contempt for our Constitution as progressives do.
I personally dislike broadbrush indictments of the press as purveyors of "fake news." Transparently made up stories like this one, however, undermine the credibility of your paper.
6
You’re right. They should have talked to Ivanka. Or maybe Stephen Miller. They would have confirmed the reporting.
4
Conservatism has different meaning for different people.
To me:
It means bringing back feudalism.
It means manipulating the economy in a way that selectively benefits the rich.
It means creating more and more and more inequality.
It means fewer opportunities for the future generations by making education so expensive as to be out of their reach.
It means taking away the rights of women and minorities.
It means denying science in order to prevent measures to promote good environment and good health.
It means keeping infrastructure in the second, third, or fourth tier (China is in the first).
It means mindlessly taking jobs offshore to keep wages low.
It means abolishing social security.
It means abolishing Medicare.
It means never providing universal healthcare.
It means marching back into the past.
18
In addition, to me it means: Exploiting faux Christianity and patriotism (militarism) to accomplish all of these ends.
4
Most Americans support the right to an abortion. Most Americans support LGBTQ rights, including gay marriage. Most accept global warming as scientific fact.
Now a Justice of the U.S. Supreme Court allows himself, effectively, to be bought off by a president who is trying to destroy much of what most Americans believe is right and support.
As the President would say “Sad!”.
14
Does it really hurt the country that much to have balance in the Supreme Court?
This will provide an opportunity to see if certain Senators who claim to be moderate will put their caucus ahead of their country.
3
Can anyone shed light on whether, as PT said in Fargo, J Kennedy retired and did so now because he, in fact, placed confidence in PT's nominating someone who would "carry on [the Justice's] great legacy”... “That’s why he did it …"
https://www.huffingtonpost.com/entry/trump-supreme-court-replacement-ant...
I don't believe anything PT says, even if it supports my OWN prejudices.
1
The article says everything you need to know:
"There is nothing particularly unusual in urging older justices to retire for partisan reasons. During the Obama administration, prominent liberals called for Justice Ruth Bader Ginsburg to retire so that Mr. Obama could name her successor."
Sorry folks, no story here. Just a political partisan doing what political partisans of both parties do. Thinking of Robert Bork today.
5
This effort shows a level of organization that many think the current White House is incapable of executing. It is a good lesson to keep in mind in general, even though the near daily ridiculous actions also occur.
6
Remember boys and girls, when used in the context of a Supreme Court justice, the polite usage is "inducements", not "bribes".
6
By retiring early, to facilitate the appointment of another 30 year old Scalia, Justice Kennedy has cemented his legacy. He will be known as the swing vote who, aligning with the other four Republican appointed justices:
1. Eliminated 50 years of campaign finance laws allowing Republicans to access the billions of dollars needed to implement the Republicans red map strategy for taking permanent control of state legislatures and the US House of Representatives,
2. Gutted Section 5 of the Voting Rights Act, allowing those Republican controlled legislatures to (i) put into effect, or newly enact and put into effect, voter ID laws designed to prevent the "wrong" American people from registering to vote, and, (ii) enact legislation making it harder to vote by eliminating early voting days and hours same day registration, Sunday voting, and large numbers of voting precincts (30 of 99 in Manatee County, Fl), and adopting rules for elections "along party lines" (see Dallas Woodhouse (https://www.newsobserver.com/news/politics-govern. ment/election/article96179857.html), and
3. Resigned early, before the 2018 election, solely to allow a corrupt and morally bankrupt President, bereft of any respect for the Constitution or the history of our country, care for the well-being of the American people or
respect for the Constitution, to appoint to the Supreme Court an individual who will carry on the Republican agenda for permanent government control.
12
Revolting. Time to start thinking about a constitutional amendment that limits the
terms for Justices on the Supreme Court to
a maximum of 20 years then they must step down. That is long enough to give the Justices some distance from the political influences that surround them . It will give the people more diversity in their lifetime as well. We cannot let nine people influence two generations of judicial decisions that have long term implications.
8
This article captures the facts, but the language used shows a strain toward normalizing the stepping over bodies in the way that this administration seems to do so proudly.
Sad.
4
This is a sad story and one in a long string of such wherein elites have social connections with stronger ties than any political party or constitutional or philosophical notions can evoke. And, it's a system that perpetuates and protects itself.
This old republic is running out of steam just as Rome did and just as the USSR did. Large sections of the nomenklatura have managed to escape a true merit system and have bequeathed privilege and rank to themselves and their children. Their pronouncements of the ideals of democracy are only said for our benefit, increasingly they themselves no longer truly believe them as they are too far removed from personal sacrifice for public service.
The picture speaks volumes, two genteel gentlemen of a priestly craft exhibiting a personal pleasure in the midst of a political disaster. Either unaware or unconcerned, they scrape a living off the backs of their countrymen.
3
I never thought Kennedy would pander to an autocrat. I have no respect for the man at this point. So much for the child-like notion that the Supreme Court is above politics. It is just another political body, which raises the idea of open elections to fill Supreme Court seats.
17
We really need to challenge the wisdom of some of our governmental institutions. If the Supreme Court is going to wield this kind of power, then we need term limits and probably at least 15 justices.
And as a testament to American ignorance, the vast majority of Americans think that overturning Roe vs. Wade would outlaw abortion in the United States.
3
Can we please dispense with the warm fuzzy talk of Kennedy's legacy? Yes, in his decades on the bench he made some decisions that were admirable, which is to say, in the interests of justice and human dignity. But all of that is moot, disappears in the ugly shadow of his authorship and support of the Citizens United decision, which fixed for all time the domination of the political process and the government by the rich. Anthony Kennedy and the four conservatives killed democracy in America in 2010. Generations of Americans will suffer as a s result. He should live out his final years in shame.
9
It's ridiculous that the retirement of one unelected Supreme Court justice can have such an effect on our democracy. Today's modern Supreme Court is a highly political institution, arguably (as in the Citizens United and Janus cases) having a greater effect on American politics than Congress.
The current Supreme Court members are not an impressive bunch. On economic issues, the Court's conservative majority is an outrageously right-wing grouping. They will be on social and civil rights issues too, now that Justice Kennedy is retiring.
And the "liberal" justices (all actually moderates compared to the great liberal justices of the 1940s through 1980s) are not an effective balance. Not one of these so-called "liberals" has even come out against the death penalty.
It is well past time to amend the Constitution to remove lifetime appointments for Supreme Court justices, and to limit their terms to perhaps 10 years.
10
As usual, follow the money. In this case passed to Trump by Kennedy's son through Deutsche Bank at a time when no bank would loan him money. The stench of corruption is becoming unbearable
6
It's infuriating that one political party gets to decide how slow and how fast a new Supreme Court Justice gets in. The people got robbed of a swift confirmation after Scalia's death. Why do the republicans get their swift confirmation?
This kind of political moves withers away the people's faith in the American court system.
7
The get swift confirmation because they hold the majority in the Senate. Harry Reid used his power ruthlessly when he lead the majority.
In other words, intimidated into retirement?
5
When a Supreme Court justice can be 'bought off', what else is left of the shining light on the hill? Its looking more like the end days of the Roman Empire!
8
Let us not forget the retirement is effective as of July 31, not when a new justice is confirmed as is the usual practice making this more odious than it already is. The republicans say they love the country - I am waiting for them to prove it. Alas, I am not holding my breath.
3
This article makes me feel like throwing up. The corruption overwhelms my being.
8
He can't be that naive, his legacy would fade away with him and he will be remembered as the one that surrendered the SC to the caprices of the occupant of the WH.
5
Once again, the Democrats have been outsmarted.
Under cover of the darkness created by Trump's chaos, they've engineered a mystifying coup.
One has to wonder: what else are we not paying attention to?
6
With all due respect, Justice Kennedy was not the man I thought he was.
5
Obama wanted to fundamentally change America, Trump has turned around the meme and is fundamentally transforming Washington DC, and with that he has the support of the American people.
2
No, he really doesn't.
2
Trump's current job approval rating is equal to Obama's at this point in Obama's presidency. With the Senate likely to stay in Republican hands after the midterms, Trump is likely to have more Supreme Court picks. Progressives might as well continue to have a meltdown. Funny... I don't remember Republicans having a meltdown when Kagan and Sotomayor were named to the Court.
1
Kennedy's legacy is tarnished by his hidden ties to Trump. His son was a real estate banker at Deutsche Bank when it was Trump's main lender as no American banks would touch him.
I guess "conservative" means gathering as much money as you can from as many sleazy sources as you can and alter law enforcement so you never get caught.
15
Justice Kennedy made up his own mind as to his retirement date and I am sure it was his own decision. Judging from the cases he voted on he was his own person and could not be swayed one way or the other. Of course, the Democrats want him to wait until after the midterm elections and it is possible they spoke about this possibility directly to him.
Let's not forget that Justice Kennedy is almost 82 years old and that most people are happily retired by this age. He is not getting any younger and wants to enjoy life and be with his family. Let him enjoy the next chapter of his life and not criticize this very important decision. We should all wish him well and much success in this final chapter. He also deserves much thanks for serving our country admirably.
2
So the Trumps went to the Supreme Court to teach the Grandchild about justice. What a laugh people who wrecked the economy walked free while marijuana users rot in prison. Let's hope Mueller teaches the whole Trump family how justice should work including Jared and Ivanka. The kids can go to the same summer camp as the seperate migrant children while they serve time.
23
Trump is stacking the court with loyalists so he can get away with it. Just watch..
2
Premise 1. Justice Kennedy was the "swing vote" on the court.
Premise 2. Justice Kennedy was sufficiently ridiculous to buy into the con that someone reasonable would be named to replace him.
Conclusion. All those swing votes resulted from a random "yes" or "no" vote on each case on which Justice Kennedy voted, and his votes bounced from liberal to conservative without reason.
The fair thing to do would be to designate a "heads" or "tails" coin as the next Jutice. Indeed, such a coin would come to epitomize fairness for an imitation democracy.
In addition to all the fawning and vanity-supporting, I think it would be wise to look for a money trail. Some family member(s) may need money. Surely this can be more vile than a mere love of vanity.
3
The corporate takeover of the United States government is now complete. With no independent Judiciary, American Democracy is at it's end. May the name Anthony Kennedy live forever in the Hall of Shame.
16
As other commenters have already noted, the lede is buried in paragraph 12. Justin Kennedy and Deutsche Bank.
Deutsche Bank and Russian money laundering.
https://www.theguardian.com/world/2017/mar/21/deutsche-bank-that-lent-30...
Deutsche Bank and Trump/Kushner real estate.
Deutsche Bank: the only bank that would loan money to Trump after his many bankruptcies in the 1990s. A story that still does not receive adequate media coverage.
6
Why would the NYT bury the lede in para 12 unless they thought it was a complete coincidence that couldn't ever be proven but was titillating?
1
It is very sad to learned that what we always believe it is not true.
Justice was told is blind and balancing the facts.
In our County we find that the Supreme Court are making decisions based in political orientation.
Maybe this is what should be change.
Supreme Court and for the same for any judge no decision should be made based on political, religious nor racial bias.
This supreme court divide our Country.
The people should be able to elect judges and not based in political ideas. Also should not be a life position as the Kings. This is a Democracy!!!
4
This article could have given us more context. This puzzling conversation between Mr. Trump and Justice Kennedy took place after Trump's first speech to Congress:
Trump: "That's very nice coming from you. And say hello to your boy, special guy."
Kennedy: "Your kids have been very nice to him."
Trump: "They love him, and they love him in New York. He's a great guy."
As it turns out, Kennedy’s son, Justin, was Deutsche Bank's global head of real estate capital markets. When no other bank would lend to Trump, Deutsche Bank under Justin's guidance loaned Trump more than $1 billion. Why in the world did Deutsche Bank take a risk like that, which no American bank would touch?
One likely hypothesis, based on what is publicly known, is that the agreement posed no risk at all for Deutsche Bank itself. In other words, the $1 billion originated in Russia (those lenders shouldered all of the risk) and was subsequently funneled through Deutsche Bank to Trump.
Now consider, in the present context, Justice Kennedy writing from the bench:
"We now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption ... The fact that speakers [i.e., donors] may have influence over or access to elected officials does not mean that these officials are corrupt ... The appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy."
Very troubling--
6
I’m no fan of Trump.
That said, what he and he republicans did to help Kennedy retire is exactly what the democrats would do.
Let’s grow up.
1
Wrong. Remove your blinders. Obama rolled over and played dead regarding Merrick Garland and so many other important matters. He could have appointed Garland to the Supreme Court on January 3, 2017 as a recess appointment and failed to do so.
1
Yes, perhaps. But recess appointments are temporary. Obama understood what you do not.
Clever the way the Trumpsters handled this, at least compared to a lot of other pols. LBJ would have seen right through this and countered it. The present crew seems more interested in preserving their own status, or pursuing ideological purity.
Pack the Court like FDR threatened to. The number of seats on the Supreme Court can be changed by Congress, and fixed by Constitutional Amendments. The number of seats in Congress can also be changed. It's a very long shot, but it's possible if the Dems believe in themselves and stay true to themselves.
A massive blue tsunami is needed to capture most state gubernatorial offices and state legislatures, along with the House and Senate. They need to pass Constitutional Amendments asap that eliminate partisan gerrymandering, abolishes the Electoral College, makes voter registration automatic, etc.
They cannot be the weak and courteous Democrats who shy away from brutal politics, however. I don't see enough of that kind of Machiavellian/Malcom X type Democrat in the party today, so Republicans likely will continue to win. Alexandria Ocasio-Cortez has the kind of fire and determination we need, but she's just one person.
4
I know conspiracy theories abound, but it's hard not to think Kennedy's resignation is a quid pro quo tied to Kennedy's son's position at Deutsche Bank and the bank's dealings with Trump. Something about the optics...
“Say hello to your boy,” Mr. Trump said. “Special guy.”
Mr. Trump was apparently referring to Justice Kennedy’s son, Justin. The younger Mr. Kennedy spent more than a decade at Deutsche Bank, eventually rising to become the bank’s global head of real estate capital markets, and he worked closely with Mr. Trump when he was a real estate developer, according to two people with knowledge of his role.
During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history."
13
If Trump can get Kennedy to retire, I want Trump to negotiate on my behalf. Can I hire him for my next negotiation with my employer?
I wonder if the urgency to nominate someone before the midterm elections shows that, despite Trump's ludicrous "red wave" cartoon, he and his administration realize they are losing the more rational of their former supporters. Come on, blue wave!
5
It is difficult to imagine Justice Kennedy taking Trump’s word about protecting his legacy, or anything thing else for that matter. Chief Justice Roberts has demonstrated his solid character and if Trump ends up before the Court on appeal, we must hope that Roberts insists on the Trump appointees recusing.
Welll, most of Kennedy's opinons have been pretty muddled, so no surprise he is naive in this instance. Anyone who believes anything trump says is not worth having around anyway.
What a great day to be in this country. An honorable judge will have a lasting legacy in tact, and a (hopefully) constitutional conservative will be filling in.
4
Kennedy lost his "honor" by politicizing his replacement. The fact he will allow an utterly corrupt president and senate to appoint his replacement with an ultra right wing religious extremist is all we need to know about how "honorable" Kennedy is. That is, not at all.
2
Kennedy’s legacy will be assisting the dismantle of the United States.
That is Trump’s intention. That is his partner in crime’s intention. Vladimir Putin? Maybe. Certainly the goal is to create an oligarchy exactly like Russia’s. But who I speak of is a more clear source of the verbally stated intent: Steve Bannon. He couldn’t have been clearer: democracy does not serve white people. White people need another system. The bankrolling Mercer family couldn’t be clearer either. None of these actors have gone away. The dismantling of the U.S. system on all levels is underway.
Only a fool hands a fool an honor. In this case the recipient is not the fool he wants his opposition to think he is. What does that make Kennedy?
7
So, after reading this article, is there any doubt left that we live in an oligarchy?
23
So much for representation. The real people lose again to the megalomaniac and his evangelical supporters.
As for all of this being Trumps maneuvering, NYT you are giving him too much credit. It's the people pulling his strings in the background that put Trump up to this. He is just to ignorant to work this out by himself.
This is what corruption looks like.
7
Another impeachable offense: Impairing the independence of the judiciary so two nominees will vote in Donald's favor when ruling on indictments against him for corruption. Donald threatens $200 billion in tariffs against China. Market down 300 points. Donald and the Kochs invest.. A week later, Donald changes his mind. The market rises 300 points. Donald and the Kochs sell. Passionate evangelicals support Donald, who goes to a house of Mammon to golf every weekend, never to church. Immigration judges in Texas ask 2-ear olds appearing in court without parents why they left Honduras. Betty DeVos curtails availability of student loans. Ben Carson tries to raise rents on low-cost housing occupants. Donald's best allies are Kim and Putin; Euro nations are trashed. Ms. "I don't care" returns to Texas sans jacket to repair her unfavorable ratings. Dr. Jackson pronounces Donald mentally sound, then is booted for pushing drugs. Scott Pruitt is promoting the dumping of waste into rivers while firing staff who criticize his financial self-dealing. Jefferson Beauregard relies on quotes from the latest revision of an ancient text rather than the Constitution to justify his decisions. Is this a chapter on comedic treason that Tom Wolfe decided not to include in one of his best sellers? Every mental health professional tells me patients are freaking out about what's happening in Washington and Texas. Time to protest, call your representative, donate.
11
The Iranian government and ISIS do not seem to be the only ones who want "Death to America". By their actions, the Republican Party seems to have the same wish.
3
Goes to show that Trump and Gorsuch can bamboozle a Supreme Court Justice. Watch out America.
3
Everyone has their price in Trump's America, and Justice Kennedy used his leverage to get his.
Here's what we will get: a Christian theocracy/police state that bans abortion, gambling, alcohol, cannabis, same-sex marriage and shopping on Sundays. Re-segregated public schools will begin and end the day in Christian prayer. Movies and books deemed insufficiently patriotic or Christian will be banned and their makers imprisoned or sent to re-education camps.
All government buildings will display an official crucifix, and all courts will prominently display the Ten Commandments. Social Security, Medicare, EPA and the Department of Education will be abolished as remnants of socialist thought. Those funds will be diverted to the building of prisons, labor camps, workhouses and orphanages. Synagogues, mosques, temples and Catholic cathedrals will be turned over to the Department of Christian Administration for dismantling or re-purposing. CCTV and GIS-tracking will prevent non-white Americans from leaving their specified zones or working outside of their specified professions.
"If you want a picture of the future, imagine a boot stamping on a human face—for ever." George Orwell, 1984.
3
This reminds me when W promised Justice O'Conner that he would do the same thing... And look what she got for all of W's promises ...Alito!
2
Disband or redefine that political court. The supreme court 'justices' are the most powerful unelected politicians in the world.
How deeply disgusting is the conservative relish about this, and, to an extent, liberal moaning, knowing full well that the liberals would have appointed an illegal-immigrant-gay justice, given the chance.
1
His only legacy now will be his traitorous surrender to dangerous forces as far as I'm concerned.
5
This can't be true. The Times has been explaining for years how stupid Trump is.
6
Hello? Editors? The part about Deutsche Bank, that's the story. That's the headline. That's mind-numbing. Let's dig into THAT swamp a little more, shall we?
18
It it was more than rumor, it would've been upfront.
This whole so-called Administration reeks of crooks, underhanded behavior, collusion , you name it. Trump's "legacy" even if he never goes to prison because he's stacking the US SC with Supporters will be infamous. Period. Not famous. Disgusting.
3
Nice to know that even Supreme Court justices are just as venal as us regular folks...and even stupider than Trump. Yes, I've pretty much lost all hope.
1
This makes me ill.
4
Well, my dear Mr. Justice Kennedy:
It is extremely disappointing that you allowed yourself to be schmoozed by the lying-est, most untrustworthy, terrible, frightening president of all time, by one who seemingly lives to attack our institutions and norms, all for personal gain and power. It must have felt nice to be courted by a president, and his family, but you were snookered, you were used and you just lost the respect and esteem in which you were held. Even his move of imprisoning/detaining in cages little babies and young children taken from their parents who sought legal asylum did not give you pause? Why, oh why not?
You may enjoy your retirement a bit early, but by not fulfilling your responsibility, by not waiting a bit longer, at least until the Mueller investigation was completed, you hung the country out to dry in the winds of impending autocracy. You have left the world in great peril of a Russian-backed liar intent on ruining our post-WWII peace and prosperity. And all this, knowing that 3 million more Americans had voted for the other candidate! I do not therefore wish you a happy retirement. As one old person to another, way to end a career of accomplishment and great power on what could be the sourest note in history!
1
Maybe Trump threw in a year's membership at Mar-A-Lago.
5
Justice Kennedy’s service to this country will be forever marred by his decision to retire now and leave the future of the Supreme Court in the hands of this madman president who is an enemy of the rule of law. He should be ASHAMED of himself. If this is his level of judgement, perhaps good riddance.
SHAME!!
4
Is there any evidence Justin Kennedy was involved in unethical or illegal business deals with Trump?
2
Why is a president under criminal investigation for possible election law violations, probable money laundering involving his properties here and abroad, and potentially in debt to Russian mobsters and friends of Putin basically the same) allowed to pick any Federal judges until he's cleared? We need to know much more about the connections between Deutsche Bank, Kennedy's son, and Trump.
If Hillary were president under similar circumstances, Republicans would have started impeachment proceedings the day after her inauguration and refused to seat any nominee for any position, particularly judgeships.
Add in the craven pandering by House Republicans acting as political hit men for the president's legal team, and you have a slow motion right wing coup involving all three branches of government.
As a child I often wondered why Hitler, Mussolini, and Tojo linked up before WWII. And why industrialists and the ruling elite mostly went along. Now I understand the natural affinity for autocracy by flawed egocentric men and men of substantial means.
Government Of The People just gets in the way.
1
Nauseating. Donald Trump was just being political. Democrats have no one to blame except themselves for being asleep at the wheel, starting with Obama.
Fie on you Democrats! You have let citizens and women down! Nancy leave!
1
This corrupt president will stop at nothing to get what he wants. He has now corrupted the Supreme Court. How can this happen in America?
As for Mr. Kennedy, he is a traitor! Mr. Kennedy, you have betrayed your country. This is your legacy, sir.
Democrats must do everything possible to stop this President. Do they have the guts ? I have my doubts.
7
This is what the majority of white voters want.
2
Kennedy's retirement at this point is tantamount to treason. Shame on him!
4
“My Dear President.” That’s how Kennedy goes out? My dear president, who lies every single day, who separates families fleeing violence, who praises Nazi protestors, who cheats on his wife with porn stars. Whatever stature and reputation Justice Kennedy had, he destroyed with that salutation. The most innocent explanation is that he fell for Trump’s con job, just like students at Trump University, or Trump’s bond holders, or the American electorate. It’s hard to resist kind words and deeds done for one’s children and protégés, as this fine article describes. I’d like to think that our most powerful jurists can resist such flattery and favors. Maybe not. It was either that, or Kennedy supports Trump’s vision for America, with precious few exceptions. Either way, I’m appalled.
5
The Democrats will do what they do. They will have their media publications put out "stories" of conspiracies and anti-Trump blather. They will publically assassinate the character of any nominee that is not a leftie, because the lefties seem to want a Sotomayor led Supreme Leftie "feelings" Counsel that will dispose of select Constitutional principals so the lefties don't have to bother with the law making and/or amending process. That's right they want the so-called "oligarchy." Its called projection and its plain to see the lefties "accuse them of that which you are doing" strategy - right out of the socialist radical playbook.
Justice Kennedy no doubt purposefully laid down his position to Trump because Trump is about to save the Court and perhaps the country from the socialist radicals - for now. The lefties cannot stop Trump's nomination because when they were in power they disposed of all the minority safeguards in the Senate so Obama could ram through all his leftie judges that are currently trying to subvert the Constitution and stop Trump from securing the border. In addition to no border security (i.e. abolish ICE) they want your money, your stuff, empty jails, protected classes, and to punish America with a crushing end to the merit based reward system. Just my observations. Happy to have any sane or even quasi-patriotic lefties back on team reason. Pardon the troll, but Trump 2020.
6
Whatever you think about Donald Trump, he's lying.
6
Look, he is also almost 82. RBG IS older but seems made of carbon fiber with a still agile brain. Most folks at that age have slowed, retired, succumbed to infirmity or pressure to move on. They aren't making decisions on monumental legal issues.
It could be that the campaign got to him, only because he was ready to go.
It's done. This is remediable only by changing the House and Senate to reflect other values.
Or if the GOP makes a mistake and accidentally nominates someone who cares more about the law than conservative "values" to the surprise of all: like Justice Souter.
3
Wait, there was one article after another published by the NYT, claiming that president Trump was dumber than a doorknob. And suddenly, there is an admission that he is pretty smart. How and when did this happen?
6
Anything Trump touches is instantly degraded, compromised.
Disgusting.
Shame on you Justice Kennedy.
4
This information, about Kennedy's son Justin working with trump through Deutsch Bank, is really all we need to know.
12
The rot permeates our entire government.
7
So, we get the "skinny" on how a President under investigation for potential crimes against his Country was able to [easily] convince another aging white male that his legacy would be intact if he retired; allowing a potential treasonous President to select his successor.
Moral to this lesson: Ego is a you-know-what and the rest of us can kick rocks.
If I understand correctly:
** Kennedy's son managed Trump's loans from Deutsche Bank.
** Deutsche Bank was the only significant conduit of funds to Trump, whom other banks treated as too risky.
** Deutsche Bank only fronted the risk, because its Trump money came from Russia on behalf of Putin.
** Special Counsel Mueller, and the NY Federal Attorney, are investigating Trump and Putin's support for illegality or treason.
** Review of these matters is likely within a year, perhaps by a Supreme Court whose allegiance between party and country is already suspect.
?? What could possibly go wrong?
!! Mr. Liptak, Ms. Haberman, thank you. Your journalism covers only what you can document, leaving speculation to us:
How can Kennedy or the Court retain credibility with so explicit a conflict-of-interest? Kennedy's retirement avoids future personal responsibility, but after his Citizens United decision and remanding of Gill v Whitford, aggravates the problem. As Ms. Stolberg reports today, Sens. Collins and Murkowski could defer the problem by limiting the court to eight votes. The core problem remains: How to resolve party v country conflicts-of-interest, to sustain lawful democracy?
Happy Independence Day!
8
Isnt retirement the ultimate recusal for Kennedy? Assuming there were grounds for recusal in the first place?
Where are your sources?
But you just made up your first 3 points! The article doesn't say those things.
Checks and balances.
"Say hello to your boy...Special guy."
So Kennedy's son, Justin, worked closely with Trump dispensing $1B in loans. Aren't Trump's ties to Deutsche Bank under intense scrutiny by Mueller??
Seems like many more checks here than balances!!
6
@howard levine: yep, as sb pointed out at another occasion - someone writes the checks. and the balances are calculated later.
Justice Kennedy was basically bribed to step down. Got it. Thanks.
7
Kennedy is going out in a blaze of shame.
6
When does it end with Trump? Has he given no thought to how his lack of respect for the judiciary, science, well known experts, etc., affects things in America? His insults and gibes set a poor example for civility during discussions about important topics. Vilification of those you dislike or disagree with is not a substitute for serious discussion and compromise or the realization that what has to be done cannot be compromised upon.
We've had presidents select justices solely on the basis of their skin color, their lack of a paper trail, or one particular point of view that the president likes. (And a good many of us vote that way too.) We don't need a court that leans conservative or liberal. We need a court that is credible, that has justices who are outstanding lawyers, and who can look at an issue without being partisan to the point of bending the law to accommodate their own views.
America is no longer a whites only country. It's a country populated by people with different backgrounds who are trying to make a life for themselves and their families. We need justices who understand the separation of church and state, who appreciate and understand that rights pertaining to white males pertain to all people, that LGBTQ rights are no different than "white rights". Unfortunately, with the GOP and Trump running things that's unlikely to occur because of the animus both have to those who do not conform.
6
If Kennedy was so stupid as to believe anything Lyin' Donald and/or anyone connected with him said, it is good riddance that Kennedy is gone. Of course, with him gone, likely so is justice in America. Time to hang all flags upside down on July 4th as this is no longer an independent country.
6
Drip, drip, drip.......we are in a plutocratic phase of our history and are creeping not-so-slowly toward fascism. Who would have thought that the Republican Party would become the most dangerous, anti-democratic force in the world?
7
Ruthless.
1
Utter corruption. The fake president stacking the court with Koch brothers acolytes. At 60 I know that I will never live to see a liberal court. The idea is absurd now. I'm going to see what it's like to live under fascism.
9
It smells all rotten. Rotten.
6
@richard: "it smells all rotten", you state. and - to quote a genius here - not just "in the state of denmark." ... europe starts smelling, too. let's hope we can keep that phase short [as it seems that we must go through it now].
The White House is not Trump's house.
Inside Trump House aka"Mar-a-Lago, Bedminster, Trump Tower, Trump International Hotel D.C." quiet campaign. ...".
Mitch McConnell's loud and ugly eight year campaign to make Barack Hussein Obama a one -term President was part of this travesty. But Vladimir Vladimirovich Putin's quiet campaign to select Trump POTUS was the ultimate trump card. Putin is smiling and smirking at his greatest intelligence coup.
3
How the NYT is literally making front page news from "as he was rumored to be considering" and "There is reason to think". Oh boy. I was going to say that you can't make this stuff up, but clearly you can. And of course the readership will gobble it up like apple sauce.
3
He wants to fill the Court with justices who are beholden to him so that any impeachment/indictment/whatever case against him is ‘swayed’ in his direction. Trump has such a disrespect for law and the rule of law; any of his rhetoric about the SC is based upon his belief that judges are bought and sold at the whim of rich and powerful people. I am heartbroken at this stupid retirement.
9
Trump knows that justice is for sale just like everything else in America where his brand of corruption and disrespect for the rule of law is now becoming a national norm.
You might want to think that theory through a bit more. SCOTUS judges have lifetime tenure. Once on the bench, they are beholden to nobody.
Follow the money! And Putin's puppet occupying the WH is going to pick a SC justice!!
6
Vanity thy name is Kennedy. The old fool.
12
Have you fallen for the Trump con? Earthy and direct? Really? This was obviously a cynical and Machiavellian ploy. You cede too much ground in your reporting.
11
Thin gruel for conspiracy theorists....Looks like smart tactical campaign by Trumpsters, despite lack of sourcing by NYT to either prove or disprove the story.
4
Let's be honest here.. the 'president' didn't make any of these choices - the Federalist Society went to the Oval office and handed him a list.. with their #1 choice circled. Leonard Leo, who was the executive vice president of the Federal Society*, has taken leave so he can help the 'president' with his choice. *From an NPR interview with Amanda Hollis-Brusky.
5
Another Justice Rubber Stamp is on deck. Hopefully not another "Oh Gosh, Senator" nominee such as Gorsuch.
3
"Justice Kennedy," and I use the word justice sarcastically here, you are no better than Petain, no better than Quisling.
You have stood idly by, first in Gore v Bush, and now with an illegitimate president, as power is taken away from the majority, who need the courts to protect them.
You are despicable.
Any good work you might have done is forever undone by this single act of betrayal.
By the way, you and your son are being swept up in this corrupt Trump administration, your reputation deservedly in tatters.
We now know that your son was responsible for over $1 billion in loans to Trump's failing real estate business when the younger Mr. Kennedy was at Deutsche Bank:
https://www.esquire.com/news-politics/politics/a21999314/anthony-kennedy...
You are both despicable.
80
If the Democrats want to regain the House and/or Senate, they should put up a fierce fight even if they fail to prevent the nomination. If they cave-in especially the senators in the red states, their base and independents will not only be disappointed, but also discouraged to vote. As a result, they will not regain the House and the Senate in November. No more nice lawmakers playing by the rules. It is time to win the war even if they lose the Supreme Court battle.
12
A public servant retires after 30 years - a record setting tenure. How much do we question that.
2
It is difficult t believe Kennedy retired as a quid pro quo with Trump. I had great respect for hm but no longer. My father was a Judge and treated all equally and he never have done such a thing. Judges are supposed to be above politics. I guess I am still idealistic but the Supreme Court was our hope.
3
The reporting in this article is very poor. Drawing connections between a supreme court justice and the president isn't hard to do. Most of the connections that were mentioned were very weak: the president's daughter gets a special seat in the Supreme Court. Really? Obama's daughters would have been offered the same courtesy.
Justice Kennedy is retiring when he wants to retire and is comfortable with Trump nominating his replacement; there is nothing more to this than that.
3
So we didn't press any of the older liberal justices to retire during Obama's eight years. I believe that is correct. It appears that we're playing by a different set of rules than the Republicans. And notice, please, the forthcoming makeup of The Supreme Court, one that will likely extend far into the future.
5
Yes, the Republicans do play by a different set of rules , they fight dirty.
1
"So we didn't press any of the older liberal justices to retire during Obama's eight years. I believe that is correct."
You believe its correct because you didn't bother to read the very article you are commenting on, which says:
"During the Obama administration, prominent liberals called for Justice Ruth Bader Ginsburg to retire so that Mr. Obama could name her successor."
Remember how the media promoted Trump as an outsider candidate? Good times.
8
I'm beginning to suspect that the supreme court is much more a long term threat to our democracy than anything Donald Trump can think up.
21
This is very different from Obama working to replace RBG. Any replacement by Obama would have maintained the status of the court. What the current administration has done will irrevocably alter the structure of the court, and proves that the court is no longer the impartial branch of government that it was meant to be.
6
How can the American Justiciary POSSIBLY ever be impartial when your judges are politically appointed ?
This strategic plan cannot have been the result of any thought originating with Donald Trump. He is incapable of strategic thinking. It is no doubt the work of his counsel with the help of the Heritage Foundation. The only talent Trump has is befriending people who may benefit from his business dealings in order to further his business interests. And as a transactional thinker, I wonder if Trump has figured out how to keep Putin from publishing the compromising videos that Putin uses to manage Trump.
7
"Justice Kennedy’s son, Justin. The younger Mr. Kennedy spent more than a decade at Deutsche Bank, eventually rising to become the bank’s global head of real estate capital markets, and he worked closely with Mr. Trump when he was a real estate developer"
I'll have the grilled Frankfurters, very well done...
6
What has Trump offered Justice Kennedy that has made him virtually trash his whole tenure on the Supreme Court? I'm surprised at this turn of events. I thought better of Kennedy...until now.
14
Trump is "earthy and direct"? Better adjectives would be crude and insulting.
9
If the justice stepped down believing trump and the republicans would protect his legacy, he is enfeebled.
12
great story. Voters should send to all democratic representatives bro teach them how to get things done. Its NOT appealing to the opposition's "better angels", its NOT "when they go low we go high", it is we need to do what is necessary to win, or we will lose-it is that simple
4
It would be amusing to say the least if after rounds of ideological vetting, and Kim Jong Un style Presidential flattery, the Justice that's sworn in turns out not to be an ideologue.
4
Good news for America, bad news for those who can't pass legislation and instead want the SC to legislate.
2
No it is not "good news for America" when its women are turned into baby-making slaves, gays are driven back into the closet, workers are turned into feudal serfs, the elderly are stripped of all Medicare and Social Security, and radical evangelical Christianity is made the law of the land. This is the longterm master plan of the Heritage Foundation which has been calling the shots for the GOP for the last 30 years. They want a complete and utter repudiation of the last 100 years of progress and return to the era where only white heterosexual Christian men ruled everything with an iron fist. Only such a person could think this is "good news".
1
Bottom line: The Republicans are just far more skillful than the Democrats at everything.
6
Not everything, just the bad stuff - like corruption and nepotism.
2
Agreed. And far more corrupt.
1
No they’re far more cynical. But politics is a cynical pursuit.
Sometimes the good guys win. Sometimes.
1
don't forget the 2 senators from AZ.
they both have some integrity left.
5
McCain can't vote.
1
And one from Maine.
Whoever becomes the next Supreme Court Justice, will have been chosen by Trump as a hedge against his likely impeachment. Trump is a power hungry militant power loving anti-democracy dictator who will nominate someone to save him in the end.
3
Don't believe your lying eyes?
Kennedy bought us W (Bush v. Gore!) and Citizens United both! He's quitting just in time to avoid a Democratic correction in November that might have kept the Court from sliding into a Trumpian black hole.
Now, we learn Kennedy's son is a top Deutsche Bank real estate banker with close ties to Trump? Will you also be "shocked" when you ultimately find out somehow, someway, (totally coincidentally of course) that a few Russians were connected to that relationship as well??
The national scab's now ripped off! There's no veneer left. The true state of the Union is a rotten shambles. The lights are ON and lots of roaches are running around in plain sight.
If our democratic republic weren't truly broken, something would have halted this slippery slope slide a LONG time ago. By now it should be crystal clear that all three branches of the US government are corrupted on behalf of and exclusively for the advancement and benefit of the 0.1%.
6
Just another grandfatherly "friend of the family" and reliable stooge for the dark money now passing for what used to be at least the illusion of "democracy." And Americans right, left and center are locked in a (so far) bloodless civil war, fighting over "control" of that cruel illusion - just as the plutocrats planned it.
Two quotes come to mind -
"It's a big club ... and you ain't in it." - George Carlin
"I can hire half the working class to kill the other half." - Jay Gould
It was nice while it lasted.
10
Oh man. It's bad enough that our Supreme Court Justices are more often motivated by their political affiliations. After reading this, it's clear that Justice Kennedy is overwhelmingly susceptible to flattery and corruptibility (bribery by proxy–his son was able to enrich himself through the Trumps!). So...The friendly nature between him and the Trumps is based on money changing hands and nothing else. Gross. It's a clear illustration of what's going on: Civil oligarchy by rule of law.
This was demonstrated most when Justice Kennedy was the one to write the majority decision on Citizens United vs. FEC. It is this case that has and will continue to shape our political climate for decades.
No man, not even a Supreme Court Justice should be above reproach. How are they held in such high regard by us citizens? The corruption is so blatant!
35
Sounds like a combination of cons and bribes to me. Things that would be criminal if you or I did it involving a federal judge but apparently OK for the chief con man.
15
Will Justice kennedy regret what he has set in motion by deciding to retire at this particular time?
2
Trump's first and last goal is to create a SCOTUS that will protect him and enable him to evade The Rule of Law.
4
Trump always the conman.
10
Couldn't Justice Kennedy's family have waited until the 2nd week of November? Just asking.
2
Why would/should they? He is a conservative, who wants to be replaced by a conservative. Where's the scandal?
I have no doubt that this administration harassed, threatened or cajoled Kennedy into stepping down now simply to game the midterm elections.
Do you?
1
I sincerely believe Kennedy has avoided having to recuse himself once his son's Deutsche Bank connection to Trump, criminal oligarchs and the Republicans also being blackmailed is made clear. How about investigating the relationship between Trump and Kennedy's son? This article is a puff piece.
10
nauseating. a racist, a congenital liar, a boor, a fierce anti intellect, one whose presidency was won under a cloud of foreign intervention, one who didn't win the vote of the majority of citizens who cast their votes, trump now has the power to select his second scotus nominee.
if you have critical thinking skills, and are concerned for the present, and future of our republic, please act to postpone this process.
4
What a coincidence - Kennedy retiring within months of the midterms. He wanted his legacy? He got it.
8
Keep your friends close and your enemies closer
2
To all you progressive purists still proud of your anti-Hillary protest vote: Are you happy now? Do you still believe in unicorns and the Easter Bunny?
It must be nice to be so privileged and yet at same time sooo "progressive." Perhaps you can afford to wait for the second coming of Bernie or his ideological off-spring, but in the meantime voting rights, civil rights, health care, reproductive choice, corporate power vs. individuals, environmental protection, consumer rights and much more are now on the line.
Are you happy now?
35
I would be much happier with Hillary. So would her 3 million surplus voters.
2
If he is so easily taken in. perhaps he should not be on the Supreme Court. The tragedy of gullible old men believing that others care about their legacy. 'Thou hadst little wit in thy bald crown when thou gav'st thy golden one away.'
2
"Say hello to your boy," at Deutsche Bank. The thought of this just turns my stomach.
29
I do not believe Kennedy is stupid, but I certainly do not believe that we, the people, have been given the real reason for the timing of his resignation.
Maybe I have seen too many mob movies--or maybe too few.
7
First we had the "Biden Rule" card which although never played because the opportunity didn't arise, was played by Mitch McConnell when the Merrick nomination came up, lately being touted by Democrats again.
Now we have the ad hominem card, i.e., damning Kennedy not for his conservative legacy [In the last term, he voted to uphold Trump’s travel ban, to approve racial gerrymandering in Texas, against requiring Christian crisis pregnancy centers to inform clients of abortion alternates, and to allow a business to discriminate against LGBT customers] but because at age 81 he is retiring.
This is political realism?
1
why is trump able to elect a new Supreme Court justice when he is under investigation for treason,obstruction of justice, self dealing, fraud [foundation and university..settlement there,25 million].He should not be allowed to do anything with SCOTUS
27
This must be the kind of tyranny the right warns about when they twist the 2d amendment to suit their needs. I get it.
When we get back in power let's defund the the supreme court to seven justices and kick off Gorsuch and the super radical yet to be named.
We need to play hard...how much more voter suppression and unlimited money can we tolerate...it's their brand of tyranny.
5
Is this ethical? Is this right? Justice Kennedy should be ashamed of himself because now his legacy is that he cut a deal with the most horrible, lying, cheating bully to ever be President. His judicial legacy will mean little with that footnote attached. When will this nightmare end?
24
A kleptocracy through and through. Kennedy sold his soul.
32
Bought and paid for by his son's?
This isn't surprising. And it should underscore that on those rare occasions where Kennedy voted as a "moderate," almost exclusively on "social issues" was indeed an aberration from his consistent, unyielding votes in favor of large corporations, the very wealthy and right-wing economic ideologies.
10
Readers should keep in mind that Justice Kennedy wrote the majority opinion for Citizens United. Although relatively moderate on issues of inclusion, he was very conservative when it came to regulating markets and corporations, and with regard to the influence of big money in politics. It may well have been this part of his legacy that he wished to preserve by resigning at this time and insuring a right-leaning Supreme Court (and decisions that favor Republican constituencies) for some time to come.
13
Honest to goodness I have no idea why the Democrats and the left keep going on about abortion and gay marriage. These cultural issues take care of themselves with each new generation. The real outrage is the money-grubbing corporatism and outrageous corruption of the Supreme Court. When Scalia died in his sleep, it was hardly mentioned that he was on a corporate junket. For the love of God. To quote Bob Dole (another cynical, money-grubber)--Where's the outrage???
20
"Honest to goodness I have no idea why the Democrats and the left keep going on about abortion and gay marriage. These cultural issues take care of themselves with each new generation."
Have you noticed Trump promising since the campaign that he will only appoint justices who overturn Roe v. Wade, and the Democrats having absolutely no power to stop it, or have you been living under a rock since like 2015?
1
Those far right justices are not interested in abortion. They could not care less. It's simply a means to rally single-issue voters as they gut the rights of workers, minorities and women. They can pretend to being anti-choice but in the end it's about aligning themselves with big money versus the rest of us.
Yes.
The Supreme Court is America's firewall against our "progressive" Marxist policies. With a little luck Trump will be able to select two more Justices and the firewall will be in place for decades to come.
4
What's the firewall against the Koch brothers and Citizens United? If the actual citizens are left at the mercy of the very wealthy, what then?
2
We get it: Conservatives are happy with illegitimate wins. They can’t win by playing by the rules, even while demanding that everyone else does, so they cheat. A dishonest “win” is A-OK for them. It’s really more like a theft, though. Theft of a second Supreme Court seat.
Two comments:
1. As a matter of accuracy, the vacancy on the Supreme Court was not, in fact, created by the death of Justice Antonin Scalia. That would be a true statement if this were the article about President Obama's campaign to put Merrick Garland on the bench at SCOTUS. Instead, the line should read, "...he already had a Supreme Court vacancy to fill, the one created by Senate Majority Leader Mitch McConnell."
2. Given the substantial financial dealings between Donald Trump and the Justice Kennedy's son at Deutsche Bank, the senior Kennedy should have recused himself from any case that directly involved the President. Some cases, like Janus, would not have changed, but the "travel ban" case would have deadlocked 4-4, upholding the lower court's decision.
Justice Kennedy spent a lifetime serving the law, but the timing of his retirement feels more like an awkward capitulation than the justified claiming of a well-earned rest. His association with President Trump will taint his legacy.
14
Justice Kennedy has a mixed record. He appears to believe in the freedom of corporations and other groups to spend whatever they want to control American life but also in women's and LGBTQ rights -- a position that could be described as libertarian. President Trump, on the other hand, has promised to get rid of Roe v. Wade. As we have seen, President Trump rewards his base, in this case, the religious right. If the President managed to persuade Justice Kennedy that his legacy, particularly on women's and LGBTQ rights, would be safe with him, then perhaps Justice Kennedy's intellectual abilities are failing him.
5
It's fairly evident that Trump is trying to stack the court not just to further the conservative legal agenda, but to weather any legal issues he might face while still in the White House. Pardoning himself, anything to do with the Mueller investigation, and all of the many lawsuits facing his "administration," once a new conservative justice is on board, while be challenged all the way to SCOTUS. Interesting while Trump is pillorying NATO, he is trying to set up a meeting with Putin, one (like with Kim) he will roll over and claim victory. Putin still pulls the strings.
10
Trump praised Kennedy, so there must be an ulterior motive.
Did the Times mention that supposition at the time the praise was given? Or is it only apparent now in hindsight that this was part of a clever ploy?
Trump appointed former Kennedy clerks to the bench, so there must be an ulterior motive.
Are NONE of Trump's other judicial appoints former Supreme Court clerks? I would think at least some of the other appointees also clerked at SCOTUS, and the numbers of Kennedy clerks may be in line with the numbers of appointees who clerked for other justices. But we weren't provided with the numbers for the sake of comparison.
I find it entirely plausible that Mr. Trump and his team tried to ease Justice Kennedy out of his job. But I don't like the NYT's use of innuendo and partial presentation of facts.
And if he is indeed clever enough to make the most senior member of the Supreme Court feel comfortable enough to retire, perhaps the President should be given credit for being clever about some other things as well.
Or is his cleverness only present when used to sinister ends?
2
“My dear Mr. President”
That's a lot of warmth expressed towards an individual so intent on steamrolling constitutional rights and enjoying the company of dictators. Not sensing much patriotism on the part of Justice Kennedy, given his timing and "affinity" with Trump. So much progress in jeopardy.
Vote. In every election, at every level.
Vote.
12
A message needs to be sent. At all levels, one must vote out Republicans. Whether for dog catcher, NYC based GOP state senators (especially those against traffic cameras), House Representatives, etc.
This is not really just about Trump. This is about GOP politics and ideology from 1981 to the present. The Koch Bros., Adelson, Devos, the Mercers, and the like, were all around well before Trump. (See the Junkers and Hitler's rise to power; or the villain in Capra's "Meet John Doe.") Same with the religion over country, anti-pluralist white evangelicals; anti-worker/anti-union segments of the populations; and aging white population that is frightened by the demographic shift in the majority of the population in the nation to non-whites, and to women.
If you believe in pluralism, without hypocrisy, cronyism, and corruption, then the electoral course is clear.
3
Don't mourn his retirement too hard - just remember Bush v Gore and Citizens United. He was a conservation, maybe a Goldwater Conservative at times, but none-the-less a conservative.
2
How ironic that a president, not elected by popular vote, who has spent the better part of 70 years circumventing the laws of the US and flouting that behavior, gets to place a deciding opinion in the further deterioration of those laws. Further proof there is no god, as a Just and Supreme Being would have solved this problem about 69 and a half years ago.
12
It appears that the “fix” was in long before the announcement. Troubling? Yes. Especially when you consider the promise of candidate Trump to appoint justices that would reverse Roe v. Wade. In the future, will the Court simple issue decisions by decree?
2
Of course there had to have been a sinister motive from the White House behind Justice Kennedy’s retirement. So what? Like I have commented before his retirement provides President Trump the opportunity to appoint another justice who will not legislate from the bench and who will decide cases according to the original and literal intent of the Constitution, just as the Founding Fathers intended over two centuries ago.
2
How come only REP appointees get to read the minds of these dead white founding fathers to get their job right?
1
In the period when Kennedy's son was head of Deutsche Bank's global real estate capital, Deutsche Bank was also involved in laundering Russian mob money. They paid a $10 billion dollar fine eventually. This was also the time when according to Eric Trump the Russian money was flowing in to Trumpworld.
One need not make vague ill-founded accusations against Justin Kennedy to conclude that enterprising reporters might do well to look more closely into this history.
9
Kennedy is/was crooked. We need to pay Supreme Court Justices more money so they won't be so tempted to take bribes as Scalia and Kennedy did.
We also need a new Admendment for the Constitution about conflicts of interest for Supreme Court Justices and the President. Obviously we are deficient in this area.
1
Is this really " breaking news"? As the article states couple of times that this is normal practice.
I would suggest that RBG is selfish in not leaving the court in 2015 to let Obama appoint a liberal replacement. Now there is some chance that her seat will become vacant during Trump administration.
2
Terrible to have to say, but the time has come to put aside careful, rational thought when choosing to vote from among several candidates from different parties. From here on, any and all votes must be made for non-Republicans. Iin order to insure that votes for non-Republicans are not rendered useless, one must vote like a robot would, for any and all Democrats.
The domination of Congress by Republicans and the ruin of our government must be stopped. The only clear path to that goal is to vote Democratic at least until 2020, if not a year or two after. We voters must reclaim our government and we have our vote by which to do so.
Vote Democrat. Vote Democrat. Vote Democrat. Then, continue to hound your elected Democratic representatives to unite to do what Republicans don't have the guts to do - defend the laws of their country. And preserve the noblest goals of our country.
22
Just when you think we've reached the abyss of this swamp,we find ourselves delving deeper!
Triviality aside, there's something very grim about Trump in general, because anyone who takes a stand inadvertently meets their demise in the blink of an eye and what's more scary is, those we thought may have some pull that he cannot get over, have been proven powerless when it comes to him.
We've accepted this new America, of which I don't recognize and sadly, NOT proud of.
We question and dissect law & order that's existed for decades and applied to ALL OF US, for this Administration.
We've damaged many relationships that we've worked so hard to build for decades in just a year.
Even if this President/Administration meets accountability, it won't reverse the damage done!
Dismal POV, you might think, but rightfully so...at least to me.
3
If we find that Trump was materially assisted to the White House by the Russians leading to resignation or his being impeached, will his nominations stand, or will a doctrine akin to "fruit of the poisonous tree" invalidate the appointments?
6
"Their goal was to assure Justice Anthony M. Kennedy that his judicial legacy would be in good hands should he step down at the end of the court’s term this week, as he was rumored to be considering."
And Kennedy bought this grift by the Grifter in Chief and his family? After all he's seen?
I would have thought Kennedy was more shrewd than that, and would have realized that his judicial legacy would have had a far better chance of being preserved after a change of the Senate's majority.
In that case, Trump would have been forced to pick a bona fide moderate in order to get Senate approval, thus replacing Kennedy with a decisive, moderate swing vote. Instead Kennedy's legacy now will be undermined by the addition of a hard right-wing outlier Republican, if not neo-nationalist.
14
"There were no direct efforts to pressure or lobby Justice Kennedy to announce his resignation on Wednesday..."
This is being stated as fact and I wonder how the reporters know it to be true. Do they have proof or is this opinion in a non-op-ed piece?
3
Maybe Trump swayed Kennedy with an offer of a 10% discount for one night's stay at his Emoluments Hotel in DC and a complimentary glass of Trump Vineyards boxed wine at the bar?
5
Two words for this travesty: it stinks.
We shouldn't be surprised that this amoral ruthless crowd worked on the most vulnerable member of the Court through a mixture of Ivanka's relentless honeyed wordstream and rough tactics from the Trumps' bullying allies.
But we should be appalled, sad, enraged, and disgusted, and determined to extricate them from their undeserved positions of power as soon as possible, while we still have a country left.
The truth of this article is clear in the way we were confused by Kennedy's writing in the last few decisions -- where he seemed conflicted between his vote -- supporting Trump's absurd travel ban -- and the text of his decision.
None of these folks care about their position in history (I won't go into McConnell and how this "non-partisan" branch of our government is slickly manipulated). But when the story of our time is written, this episode is particularly nasty.
9
"Vulnerable"?!
Judge Kennedy?
Such a good, honest upright man, right ?
Justice Kennedy should be remembered as a conservative who most of the time ruled in favor of unpopular conservative issues to the detriment of the majority of the American citizens. Not only that, he dealt a deadly blow to the women's right, Planned Parenthood, labor unions, and Muslims on his last day on the bench.
Further, he colluded with Trump and agreed to resign just before the midterm elections in order to help Trump appoint another conservative/ultra-conservative justice in his place and prevent indictment/impeachment of Trump. What he did was for his own glory and his family's benefit and not for the good of the country. It was a selfish, shameful, and despicable act.
17
Well put!!!
I'm confused. Just how will Justice Kennedy's legacy with respect to gay rights and abortion rights "be in good hands" with whatever Federalist Society vetted Gorsuch, Scalia, Alito, Thomas clone that is appointed in his place, when the goal of such appointment is cut back or eliminate those rights altogether?
6
It isn't that this country was ever perfect, because it never was perfect. But in 2018 we have all three branches of government perfectly working to make suckers of anyone who had the least bit of faith in America. The corruption isn't even hidden any longer. The Supreme Court talks out of both sides of its mouth on decisions week apart, as in the baker who refused service to gays and Trump's Muslim ban. In the first, the court weighed the comments of a commissioner and in the second ignored the comments of Trump. No rational person is blind to such hubris. It won't be long now that the travel ban will be used to keep people from leaving this abomination of democracy. Last one out shut the lights.
5
We're supposed to believe Kennedy couldn't have held out for 4 more months? No, sorry, but something is rotten in Deutsche Bank.
18
DB stands for “Dirty Bank” in banking circles.
Of course he could have. But why should he? He is a conservative; why wouldn't he want to have aRepublican President and Senate choose his successor? Are you equally outraged that RBG hasn't decided to retire now, and is "holding out" so that she can be replaced by a liberal President and Senate?
WHY is it that this is only being reported NOW? Why wasn't this being reported during the campaign? Why is it, that now that we are on the brink of our entire democracy being compromised, destroyed, pilloried, that the New York Times and the rest of the legitimate news services are waking up to this most salient fact?
Oh, right, her emails.
11
Corporations are people, and money is speech.
Greed is the root of evil.
12
Good article.Sort of twisted Kennedy,s arm.History willnot be kind to him after a real right wing judge is appointed.
5
I would put down good money on blackmail.
4
Not to suggest it is off the table now....
Not far fetched in the US of today.
1
How to destroy a great legacy 101.
So what's in Kennedy's bank account post retirement?
5
"There is nothing particularly unusual in. . "
"hardly the first time a president. . ."
Honestly, if Trump were to call for a civil war, I think the Times would make efforts to normalize it in the context of how America has already been down that path.
4
Why not? His treasonous sycophants have been calling for one for decades. I'm to the point now where I wish we'd give it to them and let the devil sort'em out.
I guess “We the People” are irrelevant.
3
My God - so Kennedy played patsy with Trump because his son was one of Trump's enablers? Considering that Deutsche Bank is under investigation for possible collusion with Russia in supporting Trump, is it paranoid to suggest that this retirement "deal" may include a promise of a pardon to the son?
Talk about burying the lede!
9
Trump is on the road to complete dictatorship and the Republicans will just sit back and capitulate with the scoundrel . Wake up America before it is too late. Thanks to Hillary and the Democrats for the mess this country is in. Another obstruction of justice.
4
"Thanks to Hillary and the Democrats for the mess this country is in."
Hillary did everything she possibly could to stop this. Or am I guessing you're one of those people who stayed home on election day because "Hillary and Trump are the same"? We should be paying thanks to YOU for the mess this country is in, then.
2
The repeated statements that Justice Kennedy was not pressured to retire are belied by the facts (as pertains to the GOP as whole) and pure speculation (vis-a-vis the President). Do better NYT.
7
I cannot believe anyone smart enough to be a Supreme Court judge would trust the word of Donald Trump.
4
It's not about smart. It's about power, willingness to play the game.
1
Trump said to the family, "I'll make him an offer he can't refuse."
5
What with the daily scandals and lies coming from this White House, my very first thought was that the timing and circumstances of Kennedy's retirement was fishy. This article sure reinforces that. Why believe anything that they say or do? But it's not just them. Republicans are dirty tricksters and we must vote them out in November.
3
His legacy: he caved!
4
How much money did Justice Kennedy's son get paid over the years as Trump's banker at Deutsche Bank? Talk about burying the lede NY Times. This conflict existed while Kennedy was ruling on cases critical to Trump's political interests? This might be the biggest scandal in the history of the Supreme Court and its buried in the middle of the article.
13
The longer this goes on the less chance there is in correcting it. Think of the recent election of Turkeys Erdogon, Putin in Russia, China's Zi Jinping. They continue to consolidate power. This is the same.
The attack on the Maryland newspaper.
This is truly scary....
7
Oh my god.
This made me sick to my stomach.
Anybody else suspect that Kennedy's son got his job at the bank because his daddy was a swing vote in favor of the wealthy on the U.S. Supreme Court?
36
Thanks for your comment...I was feeling lonely in my nausea.
This is a big deal and no check or balance?
Plunder is a way of life in these circles.
4
"affinity between Mr. Trump and Justice Kennedy" -that makes me truly sick and nauseated. "Kennedy is bookish and abstract, while Mr. Trump is [swampy] and direct."
"White House waged a quiet campaign" HOW'S THIS LEGAL OR CONSTITUTIONAL! What happened to separation of powers?
Is Mueller looking into Justin Kennedy at Deutsche Bank and links to trump? Is stinky quid pro quo going on here? The GOP cheated to get Gorsuch. Now they're cheating again by forcing Kennedy out to replace with a radical.
If Kennedy is such “a great man of outstanding accomplishment” will trump nominate someone who'll vote to preserve Roe v Wade like Kennedy? NO! They will select someone to overturn many of Kennedy's good decisions.
Democrats should impeach Gorsuch and any new justices appointed by this illegitimate POTUS installed by the Russian mafia and GOP thieves.
At stake are new rulings to enforce cruelty and overturning humanity - to ensure quick and reckless executions, impose solitary confinement on more people (political prisoners too?), invade women's own body and snatch their babies, ban voter's rights, ban freedoms from religions who are free to impose on all, and a POTUS above the Constitution with unlimited terms - NO DOUBT
GOP slowness on Obama's choice was the essence. Grassley should quit, YESTERDAY. Jordan, Gowdy, Nunes, Ryan and McConnell and strict deconstructionists should all quit.
Imagine if RBG resigned under Obama! McConnell would've held up Obama's RGB replacement too!
14
I didn't see the place in the article describing McConnell's theft of President Obama's rightful nomination. NY Times version of history seems very Republican.
2
Pesky vampires:
"“In the past half-century, presidents have repeatedly been dying to take advantage of timely vacancies,” said Laura Kalman, a historian at the University of California, Santa Barbara."
2
This White House is truly creepy, serving its own interests far and beyond the interests of the American people.
7
Interesting and important piece for showing us how Washington works. However: big caveat. You have opened yourself up to the charge of “fake news” by Trump. And even in my relatively liberal estimation, he will be correct. You have to know that when you report that Kennedy’s son was involved in loaning Trump $1 billion for his real estate projects that many people will assume this means “Trump bought Kennedy’s retirement.” That indeed is what a friend of mine said when directing me to read this article. You include this tantalizing paragraph as evidence of your anonymous source’s claim that Trump and Kennedy had an “affinity”. Really? Hard to imagine to more different people in American politics today. You are, deliberately, and presumably in order to titillate your readers, creating the impression of corrupt behind-the-scenes doing that led to Kennedy’s retirement. You don’t explicitly make the claim. That would have overtly violated your journalism ethics, since there is no evidence and it is obviously untrue. So you just imply it and, with a nod and a wink, move on. This is not the conduct of an objective, serious news organization. This is like crying “fire” in a crowded theater just for fun. This kind of reporting is now commonplace in the New York Times. It has undermined your credibility at a time when we as a nation have never needed it more: as a counter balance to the most deceitful president in history.
3
Re: " President Trump singled him out for praise"
That's all you need to know. If Trump is smiling and saying nice things about you that should be a YUGE warning!
9
NYT, you seriously need to write a big headline
TRUMP, KENNEDY, SCOTUS, DEUTSCHEBANK CONNECTION
Headlines about this story EVERY DAY.
Deutschebank was laundering Russian money.
Trump laundered Russian money through his properties
Russian money got Trump elected
Deutschebank is involved in Jared Kushner’s real estate debacles
Citizens United is compromised because Justice Kennedy didn’t recuse himself.
Justice Kennedy’s son directly benefitted from SCOTUS Citizens United decision.
Throw out Citizen’s United.
Investigate Mitch McConnell’s ties to Justice Kennedy & family. And Russia. Why would McConnell refuse to allow a SCOTUS appointment from Obama if there was a probability another democrat would win the election? McConnell knew the fix was in for the 2016 election. He knew it was already arranged. How did he know?
58
Since I haven't been hired to propagandize the semiliterate to hate this President, I was watching when one media source suggested that Justice Kennedy was the one who had waited until there was a GOP President and a Senate agreeing with him before he decided to let this gig go.
How unread are progressives in this age? Apparently most have no idea that SCOTUS judges retire in the summer as a rule because October brings an entire new group of cases.
But when your life is an unending stream of emotions, why bother to read anything?
3
Absolutely galling that a miscreant like Trump gets to make monumental appointments. And Mitch McConnell is all too happy to be his tail gunner.
3
I wonder who Senator Putin intends to nominate?
4
Not since James Buchanan meddled in the Dred Scott case has a racist White House intervened so hideously in the independence of the American judiciary. How disgusting this story is, how crucial it is to know.
23
The article omits the fact that Justice Kennedy's other son was briefly hired to work at NASA in an unusual role during the Trump administration, as reported previously at: https://www.politico.com/story/2017/04/donald-trump-supreme-court-236925.
22
Thank you. Interesting ways that power purchases all sorts of things.
It's going to take a long time, well past the mid-terms to make sure that every nominee on the Federalist Society's list (after all, that's who is choosing the next Justice for Trump), and anyone under possible/remote consideration is deeply vetted, for the public record, for any connection at all to the extended Trump family - banking records, phone records, visits to the White House, Trump Tower, clubs - and interviewed, on the public record, for any connections. This nomination is now deeply stained by the last occupant.
13
So the Executive Branch now has S.O.P. to manipulate the Judicial Branch. A new kind of obstruction of "Justice" by the White House. Kennedy will realize that he's been played once he sees who is actually confirmed.
14
he is not being played-he knows what is coming . We Democrats need to stop being "Pollyannas'
Wait -- what? Of "Justice Kennedy’s son, Justin," Liptak and Haberman offer the following, two-paragraph Easter egg:
"The younger Mr. Kennedy spent more than a decade at Deutsche Bank, eventually rising to become the bank’s global head of real estate capital markets, and he worked closely with Mr. Trump when he was a real estate developer, according to two people with knowledge of his role.
"During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history."
Is it totally off-base for me to suggest that -- given that Deutsche Bank stands accused of laundering money for Russian oligarchs and that Pres. Trump allegedly owes Deutsche Bank $600 million+ -- the paragraphs above deserve a stand-alone investigative article of their own?
166
It certainly does, along with a Mueller Investigation.
One has to wonder: could the quid pro quo here be protection (up to an including a presidential pardon) for Justin Kennedy for potential involvement in money-laundering? And, will Deutsche Bank go easier on Trump's outstanding debt now?
Certainly not implausible.
Super swampy.
"During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history."
There you have it, ladies and gentlemen, the corruption goes as deep as we care to pursue it. I miss my country, I wonder if I'll ever see her again.
11
President Trump was a real diplomat with his friendship and dealings with Justice Kennedy. It paid off. It appears Mr. Trump convinced him to take early retirement before the upcoming midterm elections so that he could choose s suitable Supreme Court justice. Flattery will obviously get you everywhere and it did for President Trump with his positive rapport with Justice Kennedy.
To the credit of Justice Kennedy, he wanted his legacy to be a positive one so he left so a conservative candidate could be chosen. He knew Mr. Trump would choose a conservative and probably agreed it would be easier to put one in place before the midterms in case the Republicans lost any seats. Justice Kennedy did not want to leave anything to chance and probably also wanted a conservative to fill his seat. By the actions of his recent votes, maybe he was becoming more conservative in his later years.
Mr. Trump will have Justice Kennedy to thank for his assistance in this very important Supreme Court justice seat. This is a parting gift to President Trump and one I am sure he will be forever grateful in Justice Kennedy in allowing a conservative to be put on the bench.
Now all Mr. Trump must accomplish is getting enough votes so his selection will be approved by the senate. Hopefully this will be as successful as the seating of Neal Gorsuch. It is imperative that the candidate be truly conservative and vote with the other conservatives. This is very important for our country.
Kiss goodbye to an independent judiciary! The third leg of our Democracy is officially broken.
Kennedy at one time declared that he would not resign while Trump was in office. Well, "persuasion" from Trump and his henchmen rendered that promise null and void through flattery and undue influence. The idea that Kennedy's legacy will be celebrated is officially dead. In the future, despite the few positive protections he afforded human rights, sadly he will be reviled as just another sordid Trump lackey.
We now will have a SCOTUS bought and sold by the Koch Brothers and their ilk.
Worse, Trump will appoint a stooge who will reign over an alt-Right court for decades, and will guarantee that he will never be called to account for his crimes and misdeeds.
The new court crony should be forced to recuse him- or herself from any decision involving Trump, but that is a hopeless desire.
52
"...while Mr. Trump is earthy and direct." Really?
More like simplistic and mendacious.
10
As part of his investigation into Russian influence in the elections, and other Russian interference into American elections, Mueller should take a look at the Supreme Court. Perhaps he already is?
11
How many entanglements does DJT bring to the White House? Really, the justice's son as Trump's go-to boy at Deutsche, where some of his shadier loans originated? And then there are the bank's favors to young Jared: https://www.washingtonpost.com/national/kushner-firms-285-million-deutsc...
So, really, at what point will the Republicans act on their Constitutional obligations and support a thorough and transparent review of the First Family's finances-- and really take into account how those interests are affecting the decisions they make and that we suffer?
There's hardly a better way to cultivate the kind of cynicism that eats away at a democracy...
18
The most corrupt administration in my lifetime.
The most frightening time also for women and minorities.
76
Trump gets Kennedy family and friends government jobs and you can "buy" a supreme court justice. The U.S. is looking more like a banana republic everyday.
4
How convenient that Justin Kennedy played a key role in steering the loans to Trump that enabled him to maintain the fiction of being a successful businessman. I want to personally thank all the reporters and editors (I know there were some exceptions) who helped to make Hillary Clinton's emails a vastly bigger story in 2016 than DJT's finances as well as the voters who claimed they did not want corruption. It would be impossible to make this stuff up.
86
Why don't we just vote for Supreme Court justices. Require that they pass legal certification (sorry Justice Thomas) and put it to a nation-wide vote. This would be far superior to Kennedy delivering his position to Trump in an unmitigated act of Court politicization.
The advantages are clear. You can't buy or suborn the selection of a justice if they are elected. Even the role of big $$ is somewhat muted. The importance of such things as German banks, sons who deal in real estate and personal relations also won't count --Kennedy's closeness to Trump is a breaking story and sad commentary on the weaponizing of the Court.
There's little doubt that these relations were a deciding factor in Kennedy's decision not to wait a mere 5 months for Senate elections.
Kennedy is living proof that the Supreme Court is bought and sold and highly political. His legacy can be measured in the rise of big $$, religious right wing agendas and the tears of immigrants, the poor, sick and middle class. It is a Trump victory that will resonate in our failing, flailing democracy for decades with all that portends for our allies, Russia, trade, truth and hope.
Ironically, the Founding Fathers institutional bias favoring the landed, males and the white population is coming full circle with this aberrant president. Will the institutions and principles they designed in the 18th century hold long enough for America to right the leaky three masted ship of state?
6
No, term limits are better. Each justice is appointed for staggered 18 year terms.
1
I like this idea. Let's vote on it.
This relationship with the Kennedy's son at Deutsche Bank is a surprise and alarming. Our government, at all levels, has become infected with cronyism, including our judiciary. It goes beyond ideology and/or jurisprudence. All in all, this is a total reduction in Justice Kennedy's so-called "stature." It also serves as a warning that we absolutely require a change in the majorities in the House and Senate.
10
America; we have a profound Constitutional crisis beyond who might be the nominee.
We are faced with an impending outcome to the Mueller investigation that has the potential to scare the public and result in an impeachment with an appeal by Trump to the future Supreme Court. This is bigger than abortion or gay rights. This is about the very foundation of who is leading this Republic which no longer possesses the Constitutionally mandated separation of powers.
America is now ruled by a Republican Monopoly government controlling all branches of our government that now threatens, yes threatens, to ram through a nomination that will make that Monopoly government, a Super-Monopoly government backed by the American military, long an institution of Republican control, and American gun owners pumped up by the right leaning media showcasing the raving President Trump.
Yes, we have a big Constitutional Crisis and a weak Democrat party pitted against a Republican party that is playing war games to win in politics as the Democrat leadership acquiesces under the extreme fighting of Republican leaders in the Congress and the White House.
This is a crisis the Democrats fail to recognize. To preserve the Democracy and equal representation of all Americans, the Democrats must mount the soap box and yell about this crisis, not surrender to overpowering Republicans.
Save the Democracy we once were and are not now. I am not represented in Congress by this impending Super-Monopoly Government
30
I am becoming concerned we may not be able to undo the damages inflicted upon us by Trump and his gang.
20
You should have been concerned right after the election of Trump.
Unfortunately, this is the perfect distraction to shift focus away from separated children, a trade war, climate destruction and Russia. A shrill hue and cry is just what the GOP ordered, just in time to save the midterms.
4
Lol! Evidence that the Supreme Court is thoroughly compromised by a relationship with Trump’s banker, who happened to be the son of a SCOTUS judge and who happened to benefit from the Citizen’s United decision, is a “distraction”?
Pay no attention to the man behind the curtain. He’s just a distraction! Nothing to see here. Move along.
1
There's more to Trump's actions than meets the eye. Those who dismiss him as an idiot are making a mistake. How many of the MSM talking heads saw the campaign to ease Kennedy out?
In the Korean situation, many people fretted we were on the brink of war from Trump's harsh rhetoric, but, in fact, it was part of plan to offer a carrot and a stick to NK to get serious negotiations going. It worked.
Many believe that there is no feasible plan in the Middle East and moving the U.S. Embassy to Jerusalem ended any possibility of a deal. But, behind the scenes, Trump and Kushner have been working with Arab leaders to form a deal the Palestinians will have to take. Ignore their public statements: They have long ago accepted that Jerusalem would be the capital of Israel in any long-term deal.
Many fear a trade war with China will be ruinous, but the Chinese stock market is tanking, and they are facing intense pressure to compromise and work out a deal. Give Trump six months to pressure the Chinese, and they will agree to a trade deal that's more favorable to the USA.
4
Here’s an idea, let’s require that the next Justice be a Veteran .
3
That'd rule out a vast majority of Republicans.
We should aspire to a court that is demographically representative of all Americans.
There should be some former military who have found their way into legal professions and are eligible.
Why not?
Very sad indeed. Justice Kennedy, after a long and distinguished career, has chosen sentiment over duty. Abandonment is a disgraceful legacy. To allow oneself to be deceived by a thief and a liar, when the wellbeing of the country is at stake, is unforgivable.
33
SCOTUS now for sale, let alone politicized.
25
That has now been amply demonstrated.
1
Since Kennedy is buddy-buddy with Trump it probably didn’t take much persuading. Kennedy chose the absolute worst time to do this for Democrats. His timing almost had to be intentional to maximize the damage.
3
Think carefully about the fact that following this new Justice confirmation, America will be ruled by a dictator overseeing a super-monopoly Republican controlled government that represents only half the nations inhabitants. Our Democracy is near death.
7
The current government doesn't represent half the country. Trump lost the popular vote, in an election he probably helped to rig, and a mere quarter of senate seats represent almost 50 percent of the population.
Meanwhile, the GOP is fighting like mad to disenfranchise voters and hang on to gerrymandering in congressional districts.
Taxation without representation -- it's what's for breakfast.
"...the White House nominated people close to him to important judicial posts....... to assure Justice Kennedy that his judicial legacy would be in good hands should he decide to step down at the end of the court’s term."
We have become the very entity the rebellion of 1775 sough to overthrow.
Sad. So sad.
13
No, we’re worse.
So, does Kennedy at least get a yacht out of this loyalty to Trump? Quip pro quo. Make it worth my while to retire, and my boy will keep lending you money.
"Socrates" in another quote listed the decisions/reasons that Kennedy was a corrupted Justice from the get-go.
About the only hopes that I have are that (a) Ginsberg can physically continue in her post and that (b) this is a stretch..Roberts, who is an intellectual, will have an epiphany, and decide that he does not want "The Roberts' Court" to go down in history as the most partisan, corrupted court in US history.
Because that distinction is surely where this Court is headed. His grandchildren, along with the Gorsuch grandchildren, might have to change their names when the history books are printed.
1
For all the quiet flattery aimed at Justice Kennedy, he must know his eloquent defense of gay rights is primed to go right down the drain.
5
His legacy will get thrown in the garbage by the consummate liar who has used his mind, goals and principles against him. Rights except for those of corporations and straight WASP male billionaires will go in the garbage too. Maybe at this point the worst is for the better.
2
Is this a joke? Supreme Court Justice Kennedy believed what the Trump administration promised him?
Wow. I'd like to sell Justice Kennedy a bridge over the Mississippi river.
12
Welcome to the new, far worse, America.
1
This is not news. This is Washington. Trump is in for the long haul...… It does not matter where the Russia investigation goes...if it goes anywhere.
The voters who wanted Trump can now live with the fact that they are responsible for this.
America has now become a "Banana Republic" with a DESPOT at the helm.
RIP America!
9
And he was gullible enough to believe ANYTHING told to him by this administration? Shame.
11
Donald Trump sullies everything he touches, including now the Supreme Court. When we finally get rid of this man, we will all need a long shower.
13
As the article points out, there is nothing new with an administration hoping to fill a SC seat. If Obama had been able to persuade Kennedy to retire, this same newspaper would be applauding his foresight and skill. But when Trump does it, it reeks of corruption?
14
It reeks of corruption because Justice Kennedy's son appears to have been an essential conduit in transferring illegitimate money from a corrupt bank to the mafia money-launderer Donald Trump, when no honest bank in the world would lend to him.
2
Merrick Garland?
2
Comments like this are case in point why the New York Time's both sides disease is hurting our Republic. The difference is that President Obama did not attempt to persuade any justices to do anything. Some activists might have, but that president, unlike the current one, respected the constitution.
1
Great so we have one more corrupt NY real estate financier connection between trump world, and now SCOTUS....Look we cant wait for the always "emerging" new demography- dems already have gay Vote wrapped up, black vote is not decisive unless there is a black candidate (truth), and Hispanics /Asian vote can swing either way due to culture and affluence politics . Dems MUST secure stronger support amongst white women, and the fastest way for that to happen is to actually suppress right to choose...appointing someone who is even further right on this issue than Kennedy will catalyze votes for dems in general elections. I will concede it soon will be very difficult to obtain an abortion in some red states.
1
This is a coup of sorts. The junta is gathering power.
4
If Kennedy was supposedly the center, then the center is gone now — and the center cannot hold. If the current perilous political conditions don’t make the hair on the back of your neck stand up, you may, in fact, be deceased.
18
Kennedy's legacy: he put party before country.
37
Like every Leftist Democrat of the last couple of generations? How dare he!
Once a Republican, always a Republican.
Actually, the Democrats have proven consistently incompetent when it comes to managing Supreme Court succession. Their 'champion' Earl Warren was a Republican nominated by Ike. It will be interesting to see what tension may develop if a Democratic president suddenly faces a Supreme Court striking down legislation and executive orders. Perhaps some version of FDR and the packing controversy of 1937?
HOW DO YOU PUT SPACES BETWEEN LINES IN THIS THING?
I KEEP DOING IT, BUT IT ALL GETS CONDENSED.
I SEE OTHERS BEING ABLE TO DO, SO THERE HAS TO BE A WAY.
2
Matty, just go ahead and enter the type the way you want it to read, with line spaces. When your submission is first shown the line spaces don't show but, as you can see above, they show in the published comment.
3
This post is beautiful. Work of art.
Looks like you found
it.
1
Trump's son, buried in the middle!
Trump et al. are utterly corrupt. Here's more about Deutschbank (from 2016!). https://www.newyorker.com/magazine/2016/08/29/deutsche-banks-10-billion-...
"unlike many other Wall Street lenders, Deutsche Bank continues to loan millions of dollars to businesses associated with Donald Trump. When the Times questioned Trump recently about his credentials on Wall Street, he said that a private wealth manager at Deutsche Bank, Rosemary Vrablic, could vouch for him."
But wait, there's more! https://www.newyorker.com/business/currency/deutsche-bank-mirror-trades-... (3/29/17)
"Maxine Waters, the ranking Democratic member on the House Committee on Financial Services ... to Congressman Jeb Hensarling (R) ... extraordinary in a less chaotic and febrile political atmosphere."
"request that the Committee conduct a formal assessment ... Deutsche Bank’s Russian money-laundering scheme ... Attorney General [Sessions!] role in continuing the investigation. We also urge the Committee to ... [use] ... the full range of ... oversight authorities, to determine the nature of the Russian ... scheme, including who participated in the arrangement and whether violations of US Law, beyond the failure to maintain appropriate anti-money laundering controls, may have occurred.'"
"Trump businesses owe hundreds of millions of dollars to Deutsche Bank ... “suspicious ties between President Trump’s inner circle and the Russian government"
27
Oops. That's Kennedy's son. My bad!!!
The exodus from DC continues.
No way anyone wants to work for, or with, this dysfunctional administration.
Hmmm ... May Trump could write a executive order to abolish the Supreme Court.
After all, he's so brilliant he went to the finest schools in the nation, he wouldn't need a law degree to decide cases and take back some much needed land in the DC.
Sure would save congress lots of time.
Maybe he could do the same with the Federal Reserve?
4
Does no one see what is happening here, right in front of US citizens? Young people especially, who will have to live in this world Trump is creating, should TAKE NOTICE.
27
The young have taken notice and unfortunately they will have to live with the results of the DNC and those not voting in 2016. We should all be ashamed to have allowed this to occur.
Yes I see it very well Eve. What is happening here is the constitutional republic of the United States working as intended.
Did Trump or others payoff Justice Kennedy to retire or offer other financial inducements? Perhaps to his family? These are serious questions.
I am absolutely astounded at the depth and reach of our own oligarchy. Justice Kennedy’s son Justin was at the money laundering Deutsche Bank, worked in real estate, and with Trump. This is the bank that saved failed real estate developer Trump with more than a billion dollars in loans who then rode a myth through the Republican Primary. And with help from Russia, he staggered into the White House and lucked into two Supreme Court picks.
This experiment in democracy ended a long time ago, even before Citizens United.
30
Overturning Roe v Wade to opponents of abortion seem like a Worthy goal, but is it? Criminalizing abortion will not end the practice. It will just send it underground with no standards and little concern for sanitation. I’m not a fan of the the procedure and would love to see a time when abortions are few and far between. it would seem all the money to revoke Roe would be better invested in birth control, public education, and opportunities for women
23
Roe v Wade needs to stand. It is about personal rights.
Citizens United need to fall, it is destroying our individual ability to be represented in our government.
1
It certainly would be! As a pragmatic yet idealists 70's feminist, the idea is to reduce as much as mpoosible the need for abortion -- but the "right" fights against the logical alternatives.
And CItizens United - such an oxy-moronical name -- drained the power of the voting public.
Why don't we elect Supreme Court Justices directly? Why do we have to rely on a President (in this particular case a lying basket case) to make a choice and a dysfunctional Congress to approve the choice based on sheer partisanship? If SCOTUS is a check mechanism, isn't there a conflict that it gets appointed (albeit over time which somehow dilutes the effect but still the effect persists)? People can study the backgrounds of the candidates and cast a vote each time a position becomes available (I also think we should have a term limit of, say, 7 years). Otherwise we have this type of situation that I have a hard time justifying in ethical terms.
4
I think the most telling thing I learned about Justice Kennedy lately is that his son was an executive with Deutsche Bank. That was the bank that would lend Trump money when others would not. That was the bank that was repeatedly censored. The swamp is everywhere. Those connected to power and money are continually making life harder for the ordinary citizen. Kennedy can retire, whether willingly or somewhat pushed out, knowing he has served his masters well.
31
Fascinating your comments.
So, should these facts not be added to Mr Mueller's long list of investigable and hopefullu indictable offenses ?
Ultimately SCOTUS will likely play a key role in the outcome of the Mueller investigation, deciding whether trump must testify under oath, whether he can be indicted, whether he can pardon himself and on and on.
The ultimate conman is determined to select his own "jury" by appointing a justice deferential to executive power and privilege but even more importantly deferential to him.
9
Justice Kennedy's retirement is going to backfire on Republicans in a big way. A tsunami of activated Democratic voters is rising from the the tectonic disruptions brought about by McConnell, Trump, and their Quisling colleagues.
Small wonder that Chuck Grassley wants to squeeze a Trump appointee through Congress before the mid-term elections. Regardless of whether the Republicans succeed in appointing a Kennedy successor, they have awakened a sleeping giant.
Women, and the men who love them, have seen enough erosion of their constitutional right to exercise choice and control over their own reproduction.
Register, and vote, and volunteer or donate! When turnout is high, Democrats win!
10
While Justice Kennedy's legacy on the Supreme Court may include some important majority decisions which have led to societal progress, he will ultimately be remembered for plunging a dagger in the back of the Republic in the case that would become known as 'Citizens United'.
A dollar is a promissory note, not an iterative metric of speech. It's unclear what kind of Faustian bargain that Kennedy may have made. What does seem clear is that he has succumbed to apathy.
20
He (the Honorable Justice Kennedy) is an old man who has lived a full live of leisure and comfort and no longer cares to what happens to those who follow.
Is there anything in DC that is not for sale?
I follow the news very closely.
This article and the impact on our nation is chilling.
We are all being played.
God help us all.
9
The system is broken.
Instead of a court that applies standards to curb ideology and politics as envisioned by the founders, we have a court that twists standards to justify ideology and politics.
Judges should be appointed by peers on the federal bench from a group of existing judicial candidates qualified by 1) performance excellence and 2) absence of political affiliations and serve staggered 6 year terms like the Senate
6
We the people give Supreme Court justices lifetime positions with immense prestige, great perks and good pay. In return, we ask them to do what's right for the country. With Justice Kennedy, we got repaid with Gore v. Bush, Citizens United, and a retirement timed to beat Robert Mueller's findings into the president's campaign conspiracies and obstruction of justice. At least Kennedy never forgot to whom he owed his loyalties--the Republican Party!
20
Trump and family run the country like a business, good.
Businessmen swoon clients for a deal, good.
If the Trumps swooned Kennedy to retire and were successful, good....that's what he meant by winning.
He and his family are extremely successful business people.
All good for our country.
3
Four bankruptcies notwithstanding and myriad criminal associations notwithstanding. The value this commenter provides is my conviction growing firmer by the day that energy trying to bring Americans who generally feel this way back into the democratic fold (if they were ever there in the first place) is energy wasted. They need to be outvoted in November and again in 2020. Stacey Abrams in Georgia and Ocasio-Cortez in New York provide the template.
1
But wait, you're forgetting about that little thing known as government ethics. Then why would you mention ethics -- Trump has none. Ignoring ethics and the law in general may be what he meant by "winning," but for our country as a democracy, we're only losing.
1
"My dear Mr. President" says it all. That Justice Kennedy could find Trump dear to him notwithstanding the flattery and deference shown him to drive him from the bench is more than disappointing--another high official bamboozled by Trump.
3
I assume the Trump organization(s) are properly servicing the loan(s). And anyone can see that there is a connection, but Kennedy is 81-yrs old and even Trump has friends in the world of business. So, again, the impact of the Justice Kennedy restirement is more the electoral consequences of Bernites who stayed home in protest of HRC. For it was low DemSoc-Dem turnnout that enabled Trump and the GOP fortuities -- in addition to Mike Pence opting to support Trump over Ted Cruz in Y2016 Indiana primary. This cleared the field for Trump.
1
Democracy is about finished in this country, and the life of this republic is about done. It will not survive Trump and the GOP.
6
I just re-read Jospeh ellis’ The Quartet. Superb! Layman’s explanations about the Constituional Convention. His last quote captured me-Thomas Jefferson writes that the interpretation of the constitution should not be by 1787 standards. As we evolve and change, so must the interpretation of the document. He warns against trying to figure out what the originalists intentions were, do not use 1787 societal norms to decide 2018 societal norms.
I did not read the article. I am too angry. What do I do with this anger? Can anyone help?
3
Justice Scalia must have thought Jefferson was an idiot for entertaining the thought of that.
The revelations in this story (no secret, and not new to those who are more informed than most, but hugely significant in the current context) of the relationship between Kennedy's son and the president* are hugely disturbing. It casts light on many of Kennedy's decisions during his tenure on the SC, and throws the integrity of his tenure into question. The timing and manner of his retirement (his letter addressed to "My dear president"!!) are now highly suspect. We have long been comforted by the notion of unassailability of our Supreme Court Justices, even if we disagree with their interpretation of the Constitution. Now with Kennedy, who by all current appearances is deeply compromised, this is no longer a safe assumption. This is yet another deep deep wound incurred on our democracy by Trump, by the current GOP, by the likes of the Kochs, etc.
32
While I would have certainly preferred that Kennedy wait until after the mid-terms, maybe--JUST MAYBE this is the shot-in-the-arm that the left needs to mobilize and say "Enough!".
And to vote like our lives depend on it.
20
Excellent reporting and fascinating in regards to the machinations of political appointments to SCOTUS. The affiliation of Kennedy's son at Deutsche Bank and the Trump loans is not the least surprising. In my opinion, this is a perfect example of how the wealthy go about their business. It's quid pro quo all the way. This high stakes poker pot goes to the Republicans. No wonder no one trusts our government.
7
In normal times, the Justin Kennedy relationship would be an incredibly big deal. Which means even though normal times are gone, possibly never to return, this point is still a really big deal that deserves further investigation.
15
If it's true that Justice Kennedy was cajoled into retiring this way, he's going to have one sorry awakening when he finds that Trump disregards every promise (let along hint) that he makes. His legacy is tarnished already.
9
Even in my relatively liberal estimation, your reporting/writing here opens you up to the charge of "fake news" from Trump. You have to know that when you report that Kennedy's son was involved in lending $1 billion to Trump's real estate projects, many of your readers (see comments here) will take this to mean corrupt behind-the-scene's doings influenced Kennedy's decision to resign. By mentioning the son's loan relationship to Trump, in an article about White House pressure to make Kennedy retire, you clearly imply that there is a causal link. And yet, it is quite obvious from the fact that your don't develop this sensational accusation any further that you're pretty sure there is no evidence for it. You mentioned it presumably just to feed the present frenzy for conspiracy theories and thereby gain readership. True, you justify it by presenting it as evidence of your anonymous source's claim that Trump and Justice Kennedy have an "affinity." Really? Hard to imagine two more different public figures in America today, in temperament, in world view, etc. So that leaves us with the other reason for mentioning it. This is not the conduct of a serious, objective news organization. This is like crying "fire" in a crowded theater for fun. With articles like this, you undermine your paper's credibility at a time when we sorely need it as a counter balance to Trump's lies and deceit.
6
I hope Justice Kennedy's conscience allows him to retire in peace, knowing how he was subtly manipulated like this ...
5
The resignation "disappointed liberals..."
Please, you don't have to be a liberal to be disappointed - and stunned and appalled - that Justice Kennedy would want Trump and a Senate controlled by Mitch McConnell to select his replacement.
Unless the Justice has serious health issues his legacy will be badly tarnished by this decision.
13
You had me at Deutsche Bank. So very disappointing.
11
So Justice Kennedy's son ran Donald Trump's favorite (and ony) bank. It's a small world after all. If you're like me, you get the feeling that all the major levers of power in the world are in control of a very small number of white men. It's not a good feeling.
39
One would think a Supreme Court Justice, who seemed to have voted not along party lines, but with sound and balanced input, review and good sense, would have had the good sense to understand that all Trump and his puppets want to do is destroy the very laws he has laid down, would understand it is in the best interest of this country for him to have waiting until after the mid-term elections to step down. Why would you believe Trump would do your legacy good? It will go down in flames like the rest of the institutions he and the GOP are intent on destroying. It is shameful, sad and beyond belief. You sir have been taken...but you and your family have nothing to worry about- it is the rest of us who will pay...
12
It is deeply disturbing that Justice Kennedy’s son worked for the bank facilitating Trump businesses. The stink that emanates from this has us all holding our noses. Justice Kennedy has thrown away his legacy— and the question had been why, why now. Perhaps his son knows the answer, and hopefully, he will be compelled to share it with Mr. Mueller.
30