Replacing Justice Kennedy

There’s battle lines being drawn
Nobody’s right if everybody’s wrong
Young people speaking their minds
Getting so much resistance from behind

Buffalo Springfield,  1966

They were talking about civil rights marches, and protests against the Vietnam war.   It wasn’t about the changes in the Supreme Court.  This might be a bit harsh, but voters in 2016, who did not want a Supreme Court run be conservatives, should have voted for Hillary Clinton.  Trump gets to chose who he wants and they will be highly regarded judges, according to most sources.   The Democrats will have no wiggle room to suggest that his nominee is not qualified to be a Supreme Court judge.

The four top names are,  Amy Coney Barrett,  Thomas Hardiman,  Brett Kavanaugh and Amul Thapar,  all of whom have the stamp of approval of conservative legal organizations, like the Federalists.   Kennedy sided with the progressive judges in Planned Parenthood v. Casey (1992), upholding Roe v.  Wade, the famous case which legalized abortion.   Kennedy wrote the majority opinion, legalizing same sex marriages (Obergefell v. Hodges, 2015).   But,  Kennedy also sided with the conservatives when he wrote Citizens United v. FEC (2010) which through the free speech rights of corporations, allowed for massive campaign spending by corporations in the 2016 election.

Justice Kennedy was often a key vote.   In this last term,  on the close votes, he seemed more incline to agree with conservatives, including the most recent case which decided that Trump’s travel ban (note Travel Ban III) was within his authority and legal.

Judge Kennedy was 81 years old.  Could more retirements be announced?  The oldest judges, Ruth Ginsburg, 85 years old,  and Stephen Breyer, 79 years old,  still seem pretty spry.    They are the more liberal judges.

Trump wants a young Judge, who is espouses a conservative philosophy, suitable to the Republicans and likely will not change once he is on the court.   For this reason,  I believe the next Supreme Court nominee will be Brett Kavanaugh.

Stay tuned,





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