Anthony Kennedy Retiring

 

Winning!

All hail Trump and McConnell! Yes, it’s really happening! Whatever else President Donald Trump and Senate Majority Leader Mitch McConnell have done for us or to us, they will soon give us a conservative Supreme Court majority that could last for a generation. Kennedy is retiring, and thanks to Trump and McConnell, his replacement will be a Constitutional conservative.

I’ve been saying for a while now, give America 3% growth, and we will win in 2018 and confirm a conservative SCOTUS majority. The 3% growth is here, and so is the SCOTUS majority. I’m not sure we could ask for much more from a Republican president.

From CNN:

Washington (CNN) Justice Anthony Kennedy, a conservative who provided key votes for same sex-marriage, abortion access and affirmative action, will retire from the Supreme Court.

The retirement is effective July 31, Kennedy said in a letter to President Donald Trump on Wednesday.

Kennedy’s decision to step down could transform the Supreme Court for generations. Trump will have his second opportunity to nominate a justice and will likely replace Kennedy with a young, conservative jurist. That would create a bloc of five staunch conservative justices who could move the court further to the right and cement a conservative majority for the foreseeable future.
The nomination battle will likely ignite a firestorm on Capitol Hill as it comes just a year after Republicans changed the rules of the Senate in order to push through the nomination of Justice Neil Gorsuch, Trump’s first nominee.

A senior White House official said Trump will push for the swift confirmation of a new Supreme Court justice “before the midterm elections.”

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  1. Valiuth Member
    Valiuth
    @Valiuth

    Fritz (View Comment):
    GOP senators would claim that the People should get to vote.

    Shouldn’t they? This is, I believe known as the Biden standard as conveniently laid out by Republicans in the last election. The hypocrisy of this will be extra juicy I am sure when it comes to it. 

    I say the only legitimate way to select a judge is to have them fight a bear. 

    • #61
  2. DrewInWisconsin Member
    DrewInWisconsin
    @DrewInWisconsin

    Valiuth (View Comment):
    My question is what will the Dems do to stop or slow this down? I hope they go for an old stile filibuster, I want to see each one of them stand up and talk for 24 hours straight. 

    Harry Reid put the kibosh on that.

    Thanks, Harry!

    • #62
  3. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Instugator (View Comment):

    Susan Quinn (View Comment):

    Maybe I’m missing something, but how does Trump think he’s going to make this happen swiftly, before the elections? I expect the Dems (and maybe even some Repubs) to make sure this drags out for a very long time. I’d love to be wrong.

    Can’t – Former Majority Leader of the Senate Harry Reid removed the right of the minority to filibuster court nominees.

    Straight up majority votes to confirm members of SCOTUS at every stage.

    Now if only NRBG would announce her retirement as well.

    She will die in office as long as Trump is in office.

    • #63
  4. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Jamie Lockett (View Comment):

    Umbra of Nex (View Comment):

    Susan Quinn (View Comment):

    Maybe I’m missing something, but how does Trump think he’s going to make this happen swiftly, before the elections? I expect the Dems (and maybe even some Repubs) to make sure this drags out for a very long time. I’d love to be wrong.

    McConnell already 86’d the filibuster for Gorsuch. All it takes is a simple majority.

    Don’t [redacted] this up. I’m looking at you, Collins, Murkowski, and Flake.

    As long as they’re from the list Flake will vote for them – he’s a reliably conservative vote in the Senate (votes 88% with Trump’s agenda). The other two I’m not so sure about but you could help ensure their compliance by nominating a woman: Judges Eid, Larsen and Barrett are all on Trump’s list given to him by the Federalist Society (so we know they are reliably conservative) and are all in their mid 40s to early 5os (long tenure on the court).

    Plus women live longer than men!

    • #64
  5. blood thirsty neocon Inactive
    blood thirsty neocon
    @bloodthirstyneocon

    Valiuth (View Comment):

    Susan Quinn (View Comment):

    Umbra of Nex (View Comment):

    McConnell already 86’d the filibuster for Gorsuch. All it takes is a simple majority.

    Don’t [redacted] this up. I’m looking at you, Collins, Murkowski, and Flake.

    That’s what I’m talking about. Why does anyone think this lovely trio won’t vote against Trump’s selection?

    My question is what will the Dems do to stop or slow this down? I hope they go for an old stile filibuster, I want to see each one of them stand up and talk for 24 hours straight.

    Second question first:  The Dems can’t do anything legal, but watch out for violence.

     Flake hates the new tariffs and has been holding up judges over it. This is one hell of a judge to hold up, and its not like he gives a hoot what with retirement.

    I’m conflicted. Half of me wants to see if Trump can negotiate some better trade deals with these new tariffs. The other half wants to see Republican Senators show some institutional cohones. I’m a sucker for the founders’ notion of checks and balances. 

    • #65
  6. harrisventures Inactive
    harrisventures
    @harrisventures

    McConnell is really getting into the mood:

    • #66
  7. CarolJoy Coolidge
    CarolJoy
    @CarolJoy

    Hoyacon (View Comment):

    formerlawprof (View Comment):

    Obamacare Part II, holding that the mandate was a valid tax, was correct, in my view, although the opposite decision would not have been outlandish. But in deciding that way, Roberts advanced an important tenet of judicial conservatism: don’t make the Supreme Court the ultimate arbiter if there is a plausible non-constitutional ground for decision. The Government had argued that the mandate was a tax, and there was considerable material in the legislative history showing that it had been considered in that vein on and off.

    Relitigating this here serves little purpose, but I have to speak in opposition. Roberts bent himself into a pretzel to save the law through a rather outlandish theory. It was not, IMO, “plausible” to rewrite the plain language of the law to change a “penalty” into a “tax,” as Scalia’s far more coherent dissent in support of a greater tenet of judicial conservatism noted. It is however illustrative of Robert’s desire to avoid “political” decisions, as I suspect we will again see if a Roe/Casey type case comes up again.

    If a mandated premium  is a tax, and a person falls into a bracket where they don’t get help from the Exchanges in terms of paying for the mandated premiums, then every payment to the Insurer should be tax deductible, as it is not constitutional to tax the amount of income that is used to pay a tax!

    • #67
  8. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Stad (View Comment):

    Jamie Lockett (View Comment):
    The other two I’m not so sure about but you could help ensure their compliance by nominating a woman:

    My bet it is a woman.

    OMG . . . tell me there’s a black or Hispanic woman on the list . . .

    Janice Rogers Brown of the DC Circuit would be great, except she is 69 years old.

    How about the first Asian on the Court, John Yoo?

    • #68
  9. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    blood thirsty neocon (View Comment):

    Valiuth (View Comment):

    Susan Quinn (View Comment):

    Umbra of Nex (View Comment):

    McConnell already 86’d the filibuster for Gorsuch. All it takes is a simple majority.

    Don’t [redacted] this up. I’m looking at you, Collins, Murkowski, and Flake.

    That’s what I’m talking about. Why does anyone think this lovely trio won’t vote against Trump’s selection?

    My question is what will the Dems do to stop or slow this down? I hope they go for an old stile filibuster, I want to see each one of them stand up and talk for 24 hours straight.

    Second question first: The Dems can’t do anything legal, but watch out for violence.

    Flake hates the new tariffs and has been holding up judges over it. This is one hell of a judge to hold up, and its not like he gives a hoot what with retirement.

    I’m conflicted. Half of me wants to see if Trump can negotiate some better trade deals with these new tariffs. The other half wants to see Republican Senators show some institutional cohones. I’m a sucker for the founders’ notion of checks and balances.

    Jeff Flake would not hold up a Supreme Court nominee.  Still, I am happy that he is showing backbone and demanding votes on issues like tariffs.

    • #69
  10. blood thirsty neocon Inactive
    blood thirsty neocon
    @bloodthirstyneocon

    Another question:  How many of the red state Democrat senators vote for Kennedy’s replacement? It’s a tough decision:  party or self?

    • #70
  11. lowtech redneck Coolidge
    lowtech redneck
    @lowtech redneck

    This is the moment of truth: am I right that Susan Collins and Lisa Murkowski (and possibly others) will never vote to confirm the Justice who would (theoretically) reverse Roe v. Wade?  Will any Red State Democrats cross that line, incurring the wrath of their party?  If the proposed Fall vote fails, what are the chances for next year after the election?

    Whichever side loses, expect their political advocates to call for a (metaphorical?) bloody purge.  Expect the base to fully support it.

    Interesting times.  Hopefully, next year will be one of hope and jubilation.  (Real hope, not the ‘relief at the stay of execution’ I’ve been experiencing since the Presidential election).

    • #71
  12. lowtech redneck Coolidge
    lowtech redneck
    @lowtech redneck

    Gary Robbins (View Comment):

    blood thirsty neocon (View Comment):

    Valiuth (View Comment):

    Susan Quinn (View Comment):

    Umbra of Nex (View Comment):

    McConnell already 86’d the filibuster for Gorsuch. All it takes is a simple majority.

    Don’t [redacted] this up. I’m looking at you, Collins, Murkowski, and Flake.

    That’s what I’m talking about. Why does anyone think this lovely trio won’t vote against Trump’s selection?

    My question is what will the Dems do to stop or slow this down? I hope they go for an old stile filibuster, I want to see each one of them stand up and talk for 24 hours straight.

    Second question first: The Dems can’t do anything legal, but watch out for violence.

    Flake hates the new tariffs and has been holding up judges over it. This is one hell of a judge to hold up, and its not like he gives a hoot what with retirement.

    I’m conflicted. Half of me wants to see if Trump can negotiate some better trade deals with these new tariffs. The other half wants to see Republican Senators show some institutional cohones. I’m a sucker for the founders’ notion of checks and balances.

    Jeff Flake would not hold up a Supreme Court nominee. Still, I am happy that he is showing backbone and demanding votes on issues like tariffs.

    Conservative Justices are far far more important than international trade policy; in the short term, they are even more important that reaffirming congressional prerogatives.  This is not the issue to hold hostage over it.

    • #72
  13. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    harrisventures (View Comment):

    McConnell is really getting into the mood:

    “The Resistance” picked the wrong week to go after McConnell and his wife.

    https://www.nytimes.com/2018/06/27/us/politics/elaine-chao-protesters-mitch-mcconnell.html

    • #73
  14. blood thirsty neocon Inactive
    blood thirsty neocon
    @bloodthirstyneocon

    lowtech redneck (View Comment):

    Gary Robbins (View Comment):

    blood thirsty neocon (View Comment):

    Valiuth (View Comment):

    Susan Quinn (View Comment):

    Umbra of Nex (View Comment):

    McConnell already 86’d the filibuster for Gorsuch. All it takes is a simple majority.

    Don’t [redacted] this up. I’m looking at you, Collins, Murkowski, and Flake.

    That’s what I’m talking about. Why does anyone think this lovely trio won’t vote against Trump’s selection?

    My question is what will the Dems do to stop or slow this down? I hope they go for an old stile filibuster, I want to see each one of them stand up and talk for 24 hours straight.

    Second question first: The Dems can’t do anything legal, but watch out for violence.

    Flake hates the new tariffs and has been holding up judges over it. This is one hell of a judge to hold up, and its not like he gives a hoot what with retirement.

    I’m conflicted. Half of me wants to see if Trump can negotiate some better trade deals with these new tariffs. The other half wants to see Republican Senators show some institutional cohones. I’m a sucker for the founders’ notion of checks and balances.

    Jeff Flake would not hold up a Supreme Court nominee. Still, I am happy that he is showing backbone and demanding votes on issues like tariffs.

    Conservative Justices are far far more important than international trade policy; in the short term, they are even more important that reaffirming congressional prerogatives. This is not the issue to hold hostage over it.

    I’m sure it’ll all work out for the best.

    • #74
  15. Mike Rapkoch Member
    Mike Rapkoch
    @MikeRapkoch

    Susan Quinn (View Comment):

    Maybe I’m missing something, but how does Trump think he’s going to make this happen swiftly, before the elections? I expect the Dems (and maybe even some Repubs) to make sure this drags out for a very long time. I’d love to be wrong.

    • #75
  16. Valiuth Member
    Valiuth
    @Valiuth

    DrewInWisconsin (View Comment):

    Valiuth (View Comment):
    My question is what will the Dems do to stop or slow this down? I hope they go for an old stile filibuster, I want to see each one of them stand up and talk for 24 hours straight.

    Harry Reid put the kibosh on that.

    Thanks, Harry!

    Really? So no more Mr. Smith goes to Washington? Shame…it always seemed a rather romantic thing to do. At least in theory. 

    • #76
  17. Valiuth Member
    Valiuth
    @Valiuth

    Gary Robbins (View Comment):

    Stad (View Comment):

    Jamie Lockett (View Comment):
    The other two I’m not so sure about but you could help ensure their compliance by nominating a woman:

    My bet it is a woman.

    OMG . . . tell me there’s a black or Hispanic woman on the list . . .

    Janice Rogers Brown of the DC Circuit would be great, except she is 69 years old.

    How about the first Asian on the Court, John Yoo?

    Madness! No man who so loves the McRib can be entrusted with sitting on the highest court in the land. 

    • #77
  18. Valiuth Member
    Valiuth
    @Valiuth

    blood thirsty neocon (View Comment):

    Another question: How many of the red state Democrat senators vote for Kennedy’s replacement? It’s a tough decision: party or self?

    That’s a good question. Primaries are over right? The seemingly smart play is to not resist, and win your race to deny Republicans the Senate and stop future Trump laws and nominees. But the heart of their base will not like it and you still need them to vote for you to win in the end. I don’t know how you make that argument to them. I guess you shut up for now and let safe Democrats destroy whoever the nominee is and then hope they do a good enough job to give you some plausible deniability. Republicans can still mess up by nominating poorly. 

    • #78
  19. Umbra of Nex Inactive
    Umbra of Nex
    @UmbraFractus

    blood thirsty neocon (View Comment):

    If a mandated premium is a tax, and a person falls into a bracket where they don’t get help from the Exchanges in terms of paying for the mandated premiums, then every payment to the Insurer should be tax deductible, as it is not constitutional to tax the amount of income that is used to pay a tax!

    Depends on how long they can stall.

    Given what happened to his wife, I think Cocaine Mitch is not in a mood to play nice right now.

    • #79
  20. I Walton Member
    I Walton
    @IWalton

    Gary Robbins (View Comment):

    Stad (View Comment):

    Jamie Lockett (View Comment):
    The other two I’m not so sure about but you could help ensure their compliance by nominating a woman:

    My bet it is a woman.

    OMG . . . tell me there’s a black or Hispanic woman on the list . . .

    Janice Rogers Brown of the DC Circuit would be great, except she is 69 years old.

    How about the first Asian on the Court, John Yoo?

    another hispanic, Cruz? In drag?

    • #80
  21. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    McConnells poop eating grin is my new favorite thing. 

    • #81
  22. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Jamie Lockett (View Comment):

    McConnells poop eating grin is my new favorite thing.

    They picked the wrong week to mess with his wife! 

    • #82
  23. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    I Walton (View Comment):

    Gary Robbins (View Comment):

    Stad (View Comment):

    Jamie Lockett (View Comment):
    The other two I’m not so sure about but you could help ensure their compliance by nominating a woman:

    My bet it is a woman.

    OMG . . . tell me there’s a black or Hispanic woman on the list . . .

    Janice Rogers Brown of the DC Circuit would be great, except she is 69 years old.

    How about the first Asian on the Court, John Yoo?

    another hispanic, Cruz? In drag?

    Be still my heart.  Yes, Ted Cruz!  

    • #83
  24. blood thirsty neocon Inactive
    blood thirsty neocon
    @bloodthirstyneocon

    Umbra of Nex (View Comment):

    blood thirsty neocon (View Comment):

    If a mandated premium is a tax, and a person falls into a bracket where they don’t get help from the Exchanges in terms of paying for the mandated premiums, then every payment to the Insurer should be tax deductible, as it is not constitutional to tax the amount of income that is used to pay a tax!

    Depends on how long they can stall.

    Given what happened to his wife, I think Cocaine Mitch is not in a mood to play nice right now.

    I believe @caroljay made the comment that you attributed to me, but I agree with what she said. BTW, I wish the Dems all the luck in the world with their stall tactics, as long as they don’t start gunning down our senators. Peace and love on Capitol Hill! Jimmie Madison is smiling down on us. Let’s make him proud.

    • #84
  25. Umbra of Nex Inactive
    Umbra of Nex
    @UmbraFractus

    blood thirsty neocon (View Comment):

    Umbra of Nex (View Comment):

    blood thirsty neocon (View Comment):

    If a mandated premium is a tax, and a person falls into a bracket where they don’t get help from the Exchanges in terms of paying for the mandated premiums, then every payment to the Insurer should be tax deductible, as it is not constitutional to tax the amount of income that is used to pay a tax!

    Depends on how long they can stall.

    Given what happened to his wife, I think Cocaine Mitch is not in a mood to play nice right now.

    I believe @caroljay made the comment that you attributed to me, but I agree with what she said. BTW, I wish the Dems all the luck in the world with their stall tactics, as long as they don’t start gunning down our senators. Peace and love on Capitol Hill! Jimmie Madison is smiling down on us. Let’s make him proud.

    I have no idea how that quote got there, but I meant to quote this:

    blood thirsty neocon (View Comment):

    Another question: How many of the red state Democrat senators vote for Kennedy’s replacement? It’s a tough decision: party or self?

     

    • #85
  26. Joseph Stanko Coolidge
    Joseph Stanko
    @JosephStanko

    lowtech redneck (View Comment):
    This is the moment of truth: am I right that Susan Collins and Lisa Murkowski (and possibly others) will never vote to confirm the Justice who would (theoretically) reverse Roe v. Wade?

    How would they know?  If a nominee says “I oppose Roe and would vote to overturn it” during his hearings, then yes, they might vote against him.

    Presumably anyone who actually wants the job will follow precedent, refuse to comment on specific cases that might come before the court, and speak in very general terms about judicial philosophy, fidelity to the Constitution, and so forth.  Would that give Collins or Murkowski enough ammo to justify voting no?

    • #86
  27. Umbra of Nex Inactive
    Umbra of Nex
    @UmbraFractus

    Joseph Stanko (View Comment):

    lowtech redneck (View Comment):
    This is the moment of truth: am I right that Susan Collins and Lisa Murkowski (and possibly others) will never vote to confirm the Justice who would (theoretically) reverse Roe v. Wade?

    How would they know? If a nominee says “I oppose Roe and would vote to overturn it” during his hearings, then yes, they might vote against him.

    Presumably anyone who actually wants the job will follow precedent, refuse to comment on specific cases that might come before the court, and speak in very general terms about judicial philosophy, fidelity to the Constitution, and so forth. Would that give Collins or Murkowski enough ammo to justify voting no?

    A judge is not supposed to answer such a question anyway, as it would show prejudice and be considered grounds for recusal.

    • #87
  28. Bishop Wash Member
    Bishop Wash
    @BishopWash

    I Walton (View Comment):

    Gary Robbins (View Comment):

    Stad (View Comment):

    Jamie Lockett (View Comment):
    The other two I’m not so sure about but you could help ensure their compliance by nominating a woman:

    My bet it is a woman.

    OMG . . . tell me there’s a black or Hispanic woman on the list . . .

    Janice Rogers Brown of the DC Circuit would be great, except she is 69 years old.

    How about the first Asian on the Court, John Yoo?

    another hispanic, Cruz? In drag?

    He can just say that he identifies as a woman, right? Those are the new rules. 

    • #88
  29. Joseph Stanko Coolidge
    Joseph Stanko
    @JosephStanko

    CarolJoy (View Comment):
    If a mandated premium is a tax, and a person falls into a bracket where they don’t get help from the Exchanges in terms of paying for the mandated premiums, then every payment to the Insurer should be tax deductible, as it is not constitutional to tax the amount of income that is used to pay a tax!

    I don’t think SCOTUS held that mandated premiums are taxes; the decision held that the penalty for not buying a government-approved insurance plan is a tax.  So, either you pay premiums or you pay the tax.

    The fact that the penalty/tax is collected by the IRS does help the case that it’s really a tax.

     

    • #89
  30. Umbra of Nex Inactive
    Umbra of Nex
    @UmbraFractus

    Just sayin’

    • #90
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