Announcing his retirement today after 30 years on the High Court effective July 30, 81-year-old swing-voting Associate Justice Anthony Kennedy finished his stint.. Appointed Feb. 18, 1988 by President Ronald Reagan, the moderate Republican mirrored a bygone era, where the GOP stood for smaller government and less taxes, something eclipsed byoday’s bitter acrimony. Handing 72-year-old President Donald Trump his second pick on the Supreme Court, Democrats have much to squawk about knowing they have no way to block another conservative Trump appointee. Once labeled during the 2016 campaign a “New York liberal” by Sen. Ted Cruz (R-Texas), suddenly Trump’s become to the hard left a reactionary, when in fact he’s much more like Kennedy and former President George W. Bush appointee, retired Associated Justice David Souter, who retired June 29, 2009.
Kennedy’s departure gives Trump another opportunity to appoint a conservative jurist in the same vein as 50-year-old Associate Justice Neil Gorsuch who took the bench April 8, 2017. Gorsuch helped Trump win a 5-4 decision yesterday rendering his controversial immigration ban of seven nations constitutional. Adding another conservative assures, but doesn’t guarantee, that Trump’s judicial philosophy will be followed for some time. Kennedy’s impending retirement sends shockwaves in liberal circles, realizing the High Court under Trump has turned decisively conservative, much in the tradition of the late Associate Justice Antonin Scalia, who died unexpectedly Feb. 13, 2016. Liberals worry that Trump will appoint a pro-life justice, attempting to repeal the 1973 landmark abortion ruling Roe v. Wade. Trump’s shown zero interest in ending a women’s right to choose.
Kennedy resisted conservatives on the High Court like Scalia or former President George W. Bush appointees Samuel Alito or Clarence Thomas, both of whom back ending Roe v. Wade. But before the left goes crazy with Trump’s next appointment, there’s little real stomach in conservative circles to repeal a women’s right to choose. “If Donald Trump, who has promised to overturn Roe v. Wade, picks someone who is anti-choice, the future of Roe v. Wade is very much in question,” said David Cole, national legal director of the American Civil Liberties Union [ACLU]. Senate Minority Leader Chuck Schumer (D-N.Y.) already said today Democrats must delay any vote on a new Trump pick, much like Senate Majority Leader Mitch McConnnell (R-Ky.) did in the last year of former President Barack Obama. Democrats can’t stop Republicans from moving full steam ahead.
Even with ailing Sen. John McCain (R-Ariz.), Republicans still have enough votes to approve Trump’s new Supreme Court pick. Reviewing a list of 25 candidates, Trump’s legal team is already busy working on a replacement for Kennedy who should be confirmed when the next Supreme Court session opens in October. Holing a 51-49 majority in the Senate, Republicans are still in the driver’s seat getting Trump’s appointee approved, with Vice President Mike Pence casting the decisive vote. Schumer’s sour grapes stems from McConnell refusing to hold hearings on 65-year-old Chief Justice of D.C.’s Second Court of Appeals Merrick Garland. McConnell refused to hold hearings on Garland, prompting Schumer’s payback. Schumer knows he lacks the votes needed to block Trump’s next pick. Democrats can only pray they’ll take back the House and Senate in November.
Trump’s list runs the gamut from Judge Thomas Hardiman of Pennsylvania, Judge William Pryor of Alabama, Judge Brett Kavanaugh, who serves on D.C.’s Second Court of Appeals. Kavanaugh, who worked with Special Counsel Ken Starr on the Clinton Impeachment hearings, might have a leg up but Trump’s given no signals where he’s leaning. Kennedy voted with the Court’s liberal minority to approve gay marriage June 26, 2015. Kennedy’s swing vote upheld the constitutionality of Obamacare June 25, 2015, irking Republicans but showing a fiercely independent streak. Trump’s new appointee isn’t likely to replace Kennedy’s swing voting, instead giving the conservative majority a 6-3 edge. When it comes to gay rights, the death penalty, immigration law, abortion rights and involuntary confinement U.S. detention center like Guantanamo Bay, Trump’s pick won’t be as sympathetic.
Handed an early Christmas gift of a new Supreme Court pick, Trump’s riding high with improved approval ratings and a Gross Domestic Product now exceeding 4%. Democrats only hope between now and the election for bad news. With the North Korea summit boosting Trump’s credibility on the world stage and the economy steaming along, his new Supreme Court pick isn’t likely to get too much resistance. Democrats can only hope that their media friends continue to pound Trump with Special Counsel Robert Mueller’s investigation and unsightly repercussions on the Mexican border. Democrats hoped for a “Blue Wave” heading into November’s Midterm elections but aggregate polls show Republicans holding on to the House and Senate. Getting another Supreme Court justice, Trump’s in the driver’s seat advancing his economic, social and national security agenda.
