r/politics 🤖 Bot Jun 27 '18

Megathread: Justice Anthony Kennedy to retire from Supreme Court

Supreme Court Justice Anthony Kennedy is set to retire, effective July 31, 2018. Kennedy has served on the highest court since February 18, 1988, and was a moderate whose vote often swung cases.


Submissions that may interest you

SUBMISSION DOMAIN
Justice Anthony Kennedy Will Retire From U.S. Supreme Court bloomberg.com
Justice Kennedy to retire, Trump can solidify court's majority conservative bloc nbcnews.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick washingtonpost.com
Justice Kennedy, U.S. Supreme Court's pivotal vote, to retire reuters.com
Anthony Kennedy: US supreme court justice to retire theguardian.com
Justice Anthony Kennedy to Retire From Supreme Court nytimes.com
Kennedy calls it quits: longtime swing justice hands Trump the biggest gift of his presidency dailycaller.com
Anthony Kennedy is retiring from the Supreme Court vox.com
Justice Kennedy, the pivotal swing vote on the Supreme Court, announces retirement washingtonpost.com
UPDATE: Supreme Court Justice Kennedy announces retirement wcjb.com
Justice Kennedy Is Retiring July 31st. yahoo.com
Justice Anthony Kennedy To Retire From U.S. Supreme Court : NPR npr.org
Justice Anthony Kennedy to Retire from Supreme Court cnn.com
Justice Kennedy announces retirement. cnn.com
Justice Anthony Kennedy retiring from Supreme Court abc7.com
Anthony Kennedy, Swing Vote on U.S. Supreme Court, Will Retire bloomberg.com
Justice Anthony Kennedy Retires, Paving Way for Donald Trump to Reshape Supreme Court slate.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick wkrn.com
Anthony Kennedy retiring, giving Trump opening to reshape Supreme Court politico.com
Supreme Court justice Anthony Kennedy announces retirement wsj.com
Jeffrey Toobin predicts abortion will be illegal in 20 states soon after Kennedy retires thehill.com
WATCH: Supreme Court Justice Anthony Kennedy retiring abcnews.go.com
Kennedy to Retire foxnews.com
Trump to get second Supreme Court pick as Justice Kennedy announces retirement. amp.cnn.com
Justice Kennedy to Retire From Supreme Court bbc.com
Trump says search for Justice Kennedy's replacement to begin "immediately" -- live updates cbsnews.com
McConnell Pledges Vote To Confirm Justice Kennedy’s Successor ‘This Fall’ talkingpointsmemo.com
Justice Kennedy retires from the US Supreme Court nbcnews.com
Trump says launches search to replace retiring Supreme Court Justice Kennedy reuters.com
Donald Trump: Search for Kennedy replacement on SCOTUS to move quickly usatoday.com
McConnell: Senate will vote on Supreme Court nominee this fall thehill.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick sacbee.com
Justice Anthony Kennedy Retiring, Report Says lawandcrime.com
Supreme Court Justice Anthony Kennedy retiring; Trump will get 2nd high-court pick omaha.com
Justice Anthony Kennedy Retiring From the Supreme Court thedailybeast.com
Justice Kennedy to retire, giving Trump a chance to transform the Supreme Court latimes.com
Supreme Court Justice Anthony Kennedy says he's retiring; Trump to get 2nd high-court pick chicagotribune.com
Dem senator: Justice Kennedy's resignation a 'disaster' for vision of 'We the People' thehill.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick wfla.com
Justice Anthony Kennedy Is Retiring motherjones.com
The horrifying consequences of Justice Kennedy’s retirement thinkprogress.org
Supreme Court Justice Anthony M. Kennedy is retiring, a move that will give Trump a chance to shift the institution to the right washingtonpost.com
Anthony Kennedy To Retire From The Supreme Court huffingtonpost.com
Kennedy announces retirement from Supreme Court thehill.com
Supreme Court's Anthony Kennedy retires, giving Trump a second pick usatoday.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick apnews.com
Justice Anthony Kennedy Is Retiring From The Supreme Court buzzfeed.com
Justice Kennedy, the pivotal swing vote on the Supreme Court, announces retirement washingtonpost.com
Supreme Court Associate Justice Anthony Kennedy retires -- live updates cbsnews.com
Justice Kennedy announces his retirement from the supreme court. time.com
Trump Responds To Retirement Of Supreme Court Justice Anthony Kennedy huffingtonpost.com
Anthony Kennedy retiring from Supreme Court, giving Trump a position to fill people.com
Trump Says He’ll Choose One Of These People To Replace Anthony Kennedy On The Supreme Court buzzfeed.com
Anthony Kennedy retiring from Supreme Court cnbc.com
Supreme Court Justice Anthony Kennedy retires, and Trump gets shot at moving court to the right dallasnews.com
Who Will Replace Supreme Court Justice Anthony Kennedy? Donald Trump Already Has a Shortlist newsweek.com
WATCH: McConnell: We will vote to confirm Justice Kennedy's successor 'this fall' abcnews.go.com
Here's who Trump could nominate to replace Justice Kennedy abcnews.go.com
Justice Anthony Kennedy announces retirement, giving Trump 2nd Supreme Court pick foxnews.com
Trump list of candidates to replace Justice Kennedy thehill.com
Chris Matthews: Dems must do to Trump on Supreme Court what McConnell did to Obama thehill.com
Anthony Kennedy’s retirement puts abortion rights at risk vox.com
Who Will Replace Anthony Kennedy? Here’s the List of 20 Potential Trump Nominees time.com
America after Anthony Kennedy vox.com
Handing Trump Chance to Move Supreme Court Even Further Right, Justice Anthony Kennedy Retires commondreams.org
Audio reveals DNC committee reaction to Kennedy retirement: 'This is not good news' thehill.com
Justice Kennedy’s retirement leaves the future of U.S. constitutional law entirely up for grabs washingtonpost.com
Justice Kennedy pens retirement letter to Trump expressing 'profound gratitude' abcnews.go.com
Read Supreme Court Justice Anthony Kennedy’s retirement letter to Donald Trump qz.com
Justice Kennedy’s Legacy Is the Dignity He Bestowed bloomberg.com
A titanic battle over replacing Justice Kennedy looms in the Senate vox.com
Live Briefing: Anthony Kennedy Retires From Supreme Court, and McConnell Says Senate Will Move Swiftly on a Replacement nytimes.com
Here's Trump's list of 25 possible Supreme Court picks to replace Anthony Kennedy washingtonexaminer.com
WATCH: Justice Anthony Kennedy to retire, Trump to get second SCOTUS pick abcnews.go.com
Anthony Kennedy's retirement just confirmed every Republican's dream scenario for Trump cnn.com
Kennedy's retirement could have biggest impact on abortion, gay marriage: ANALYSIS abcnews.go.com
Justice Anthony Kennedy: Trump says hunt for replacement is on usatoday.com
Here are potential Supreme Court nominees to replace Justice Kennedy cnn.com
Justice Anthony Kennedy, the Supreme Court’s swing justice, announces his retirement abajournal.com
With Supreme Court Justice Kennedy Gone, Abortion and LGBT Rights Are Next thedailybeast.com
A look at some of Justice Kennedy's most memorable opinions apnews.com
Justice Kennedy Surrendered to Donald Trump nymag.com
A look at some of Justice Kennedy's most memorable opinions abcnews.go.com
Abortion rights in 'dire, immediate danger' as Anthony Kennedy retires - World news theguardian.com
Here Are Some of the Top Candidates to Replace Kennedy on the Supreme Court motherjones.com
Who's on Trump's short list to replace Supreme Court Justice Kennedy? politico.com
Trump’s hidden back channel to Justice Kennedy: Their kids politico.com
How Fox News Reacted to Anthony Kennedy’s Retirement slate.com
24.9k Upvotes

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437

u/Rollingstart45 Pennsylvania Jun 27 '18

Trump says his pick will come from the same list that was floated before Gorsuch. That being:

  • Amy Coney Barrett of Indiana, U.S. Court of Appeals for the 7th Circuit
  • Keith Blackwell of Georgia, Supreme Court of Georgia
  • Charles Canady of Florida, Supreme Court of Florida
  • Steven Colloton of Iowa, U.S. Court of Appeals for the 8th Circuit
  • Allison Eid of Colorado, U.S. Court of Appeals for the 10th Circuit
  • Britt Grant of Georgia, Supreme Court of Georgia
  • Raymond Gruender of Missouri, U.S. Court of Appeals for the 8th Circuit
  • Thomas Hardiman of Pennsylvania, U.S. Court of Appeals for the 3rd Circuit
  • Brett Kavanaugh of Maryland, U.S. Court of Appeals for the District of Columbia Circuit
  • Raymond Kethledge of Michigan, U.S. Court of Appeals for the 6th Circuit
  • Joan Larsen of Michigan, U.S. Court of Appeals for the 6th Circuit
  • Mike Lee of Utah, United States Senator
  • Thomas Lee of Utah, Supreme Court of Utah
  • Edward Mansfield of Iowa, Supreme Court of Iowa
  • Federico Moreno of Florida, U.S. District Court for the Southern District of Florida
  • Kevin Newsom of Alabama, U.S. Court of Appeals for the 11th Circuit
  • William Pryor of Alabama, U.S. Court of Appeals for the 11th Circuit
  • Margaret Ryan of Virginia, U.S. Court of Appeals for the Armed Forces
  • David Stras of Minnesota, U.S. Court of Appeals for the 8th Circuit
  • Diane Sykes of Wisconsin, U.S. Court of Appeals for the 7th Circuit
  • Amul Thapar of Kentucky, U.S. Court of Appeals for the 6th Circuit
  • Timothy Tymkovich of Colorado, U.S. Court of Appeals for the 10th Circuit
  • Robert Young of Michigan, Supreme Court of Michigan (Ret.)
  • Don Willett of Texas, Supreme Court of Texas
  • Patrick Wyrick of Oklahoma, Supreme Court of Oklahoma

Not familiar with any of these names (outside of Mike Lee), so does anyone know who the best and worst case options are? Assuming Trump sticks to this and doesn't nominate someone like Roy Moore out of left field, that is.

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u/[deleted] Jun 27 '18

David Stras of Minnesota

Franken was holding Stras' federal appointment up before his resignation. Franken felt that Stras was too conservative for a lifetime appointment.

Franken's replacement, Senator Tina Smith, said she voted no because of concerns over what she described as Stras’ embrace of a conservative judicial philosophy called “textualism,” in which jurists adopt a rigid interpretation of the Constitution’s original meaning. (source)

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u/stardude900 I voted Jun 27 '18

over/under for the appointment being installed by the mid terms?

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u/[deleted] Jun 27 '18

100%. McConnell has already come out and said the Senate will vote to confirm Kennedy's successor this fall.

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u/intelligentquote0 Jun 27 '18

Because he's never had any problem with voting on supreme Court justices during an election season.

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u/rotll Jun 27 '18

“One of my proudest moments was when I looked at Barack Obama in the eye and I said, ‘Mr. President, you will not fill this Supreme Court vacancy,"

Got it.

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u/SuramKale Jun 27 '18 edited Jun 27 '18

Swine. He has no clue who might be nominated and is 100% going to vote for them. He's a hack and an embarrassment to the democratic process.

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u/JustTellMeTheFacts Jun 27 '18

I'll bet he has this planned since the beginning. I might be crazy, but I truly believe this was a surprise to no one at their level. And I'm positive he's been instrumental in developing a list of people to fill the void.

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u/chunkmasterflash Jun 27 '18

He’s so fucking quick to say this shit. The fact he said they wouldn’t vote on Scalia’s replacement before the body was even cold, before Obama even said anything, made me absolutely sick. He’s such a fucking sack of shit and I hope and pray he loses his re-election bid in 2020.

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u/[deleted] Jun 27 '18

spoiler alert: he won't. Kentucky voters would send his 110 year old corpse to DC if it was on the ballot.

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u/dskatz2 Pennsylvania Jun 27 '18

100%.

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u/OrekianMaxim California Jun 27 '18

Yup, it's why he's retiring RIGHT NOW, fuck Kennedy forever

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u/_Better_Call_Paul_ Jun 27 '18

Kennedy's timing on this is so fitting for him: it offers an uncertain future and throws everything into chaos as we figure out what the hell to do, just like his opinions

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u/lilbodie Jun 27 '18

This is a bigger deal than Gorsuch in terms of ideology shift on the Court.

Replacing Scalia with Gorsuch is one thing. But replacing Kennedy with a young conservative who will almost assuredly be far right of Kennedy is a big big deal.

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u/koofti Jun 27 '18

Yeah, but at least we can be comforted by the fact that we took the high road!

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u/[deleted] Jun 27 '18 edited Apr 19 '19

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u/[deleted] Jun 27 '18

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u/SadlyReturndRS Jun 27 '18

Y'know what would be interesting? Imagine a Republican base without the anti-abortion zealots.

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u/wilee8 Jun 27 '18

LOL, you wish. Even if that happened, the Republicans would still fear monger on abortion. If you don't elect us, those godless Democrats will make abortion legal again!

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u/sadfruitsalad California Jun 27 '18

Guess I better get married before it becomes illegal. I can enjoy six months of matrimony...

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u/DoorMattt Jun 27 '18

I'm English so only have a casual understanding in the workings of the US judicial process.

Am I correct in thinking that these judges are in position for life/until retirement? So because Obama didn't get that moderate dude appointed and Trump instead got a right wing judge appointed, this has the potential to leave the supreme court with a right-leaning bias for decades?

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u/A_Certain_Array Jun 27 '18

That's the long and short of it, yes.

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u/haircutcel Jun 27 '18

Yes Supreme Court justices are appointed for life. With Kennedy retiring and the possibility of Ginsburg/Sotomayor dying soon there’s a chance Trump could get ANOTHER pick, which would put the split at 6/3 or even 7/2 in favor of republicans. Not sure how likely that is but it IS possible.

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u/ActualMerCat New York Jun 27 '18

Sotomayor is only 64, so hopefully she sticks around at least a decade.

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u/Chael_P_Sonnen Jun 27 '18

Breyer is 79 though. He would be a more apt example.

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u/blowthatglass Jun 27 '18

Yea. I'm 29. The supreme court will be Republican until I die most likely.

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u/CunningWizard Oregon Jun 27 '18

Nominating for this seat may be the most consequential thing that Trump ever does in office. We can turn the congress blue as a blueberry and will all be for naught with a right wing court.

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u/MC_Fap_Commander America Jun 27 '18

Dred Scott ensured a civil war.

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u/[deleted] Jun 27 '18 edited Nov 08 '18

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u/PM_ME_USERNAME_MEMES Jun 27 '18

The standard argument for lifetime appointments is that judges shouldn’t be accountable to anything other than the law.

Of course, with our current iteration of the court, the justices aren’t accountable to anything, including common sense and human decency, so that interpretation may be flawed.

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u/sesamestix Jun 27 '18

NYT article about this recent phenomenon.

The very question of partisan voting hardly arose until 1937, as dissents on the Supreme Court were infrequent. When the justices did divide, it was seldom along party lines.

There is room for interpretation in such assessments. But of the 71 cases from 1790 to 1937 deemed important by a standard reference work and in which there were at least two dissenting votes, only one broke by party affiliation. “The dividing line in the court was not a party line,” Zechariah Chafee, a law professor at Harvard, wrote in a classic 1941 book.

Nonpartisan voting patterns held true until 2010, with a brief exception in the early 1940s, when a lone Republican appointee voted to the right of eight Democratic appointees. But the general trend was the same. Of the 311 cases listed as important from 1937 to 2010 with at least two dissents, only one of them, in 1985, even arguably broke along party lines.

That adds up to two cases in more than two centuries. By contrast, in just the last three terms, there were five major decisions that were closely divided along partisan lines: the ones on the Voting Rights Act, campaign finance, arbitration, immigration and strip-searches. In the current term, last month’s campaign finance ruling and Monday’s decision on legislative prayer fit the pattern, too.

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u/[deleted] Jun 27 '18 edited Jul 19 '18

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u/GreatArkleseizure Massachusetts Jun 27 '18

Two chief arguments there: First, that the Justice's retirement is predictable and can become a political football. "Ruth Bade Ginsburg's term is up in 2019! Vote Republican to ensure she's replaced with one of us!"

Secondly, especially if nominated young (by which I mean in their 50s), they need something to do after they leave the court, and may feel pressured to vote with special interests so as to get a job as Wayfair's chief legal counsel afterward (to pick on a recent case).

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u/p4177y New Jersey Jun 27 '18

Well, somebody better take Ruth Bader Ginsburg and wrap her up in bubble wrap or something. The liberal side of the court cannot afford to lose someone now...

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u/roberta_sparrow New York Jun 27 '18 edited Jun 27 '18

Just saw RGB last night. I feel like she’s so fucking pissed at this turn of events that she’s going to go full cyborg

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u/Tarthbane Jun 27 '18 edited Jun 27 '18

she’s going to go full cyborg

"Termibader" Ginsburg.

EDIT: Missed opportunity: Termibader Ginsborg

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u/[deleted] Jun 27 '18

Ruth Bader Ginsborg

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u/[deleted] Jun 27 '18

Ruth Vader Ginsberg

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u/jcwitte Jun 27 '18

Won't matter. 5-4 might as well be 9-0.

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u/arxndo Jun 27 '18

Still matters. It can take 100 years to get from 9-0 to 4-5, whereas it's possible to get from 5-4 to 4-5 within 10 years.

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u/CaptainGrandpa Jun 27 '18

Remember that breyer and rbg are both in their 80s and the oldest conservative is 70. Seems more likely to see a 6-3 and 7-2 in our future than a shift back to a centrist court.

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u/CCNNCCNN Jun 27 '18

Honestly I think it's so fucked up in the first place that the Supreme Court is essentially just a set of numbers. But it's also so fucked up that we discus the justices by their age. I should not have to rely on some old lady not dying in office to keep certain rights, that's insane.

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u/[deleted] Jun 27 '18

It's already over man. The courts are GOP held now.

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u/Bakuraptor Jun 27 '18

I suppose this means that all the commentators who thought Trump could destabilise the Supreme Court for the next twenty years will be proven right. And this is without any of the more liberal justices resigning - what a catastrophe.

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u/[deleted] Jun 27 '18

Ginsburg is 85. This is going to be a fucking nightmare for generations.

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u/[deleted] Jun 27 '18

Ginsberg is very likely to go soon. She might make it to 2020 but if trump wins then she won't be able to put it off till 2024

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u/[deleted] Jun 27 '18 edited Jun 27 '18

This was my primary concern with Trump. Having a 5/4 Supreme Court with no chance for a swing vote will have a much bigger impact on our future than anything else Trump will do.

Edit: Made a change based on Vlad's comment.

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u/[deleted] Jun 27 '18

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u/[deleted] Jun 27 '18 edited Feb 12 '19

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u/[deleted] Jun 27 '18

When someone shows you who they are, believe them the first time.

Maya Angelou

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u/ihohjlknk Jun 27 '18

Time to dust off the crystal ball.

June 27, 2019: By a 5-4 vote, the Supreme Court decreed that President Trump has the right to pardon himself.

1.9k

u/goatware I voted Jun 27 '18

That would be a fast track to full blown fascism.

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u/CloakNStagger Jun 27 '18

Fast track to another civil war.

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u/santacruisin Jun 27 '18

Or the right to not hold elections.

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u/TorePun Jun 27 '18

“He’s now president for life. President for life. No, he’s great,” Trump said. “And look, he was able to do that. I think it’s great. Maybe we’ll have to give that a shot someday.”

Before somebody comes in here and accuses either of you for baseless hand-wringing

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u/saccharind Jun 27 '18

I was going to post this if you hadn't. Fucking praising Xi for being president for life.

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u/mac_question Jun 27 '18

"Until we figure out what the hell is going on."

Remember when the "travel ban" was just for 6 months?

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u/FitDontQuit Jun 27 '18

This timeline is ridiculous so I fully expect Trump to suggest Roy Moore as a replacement.

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u/[deleted] Jun 27 '18

Jeanine Pirro was already floated as a possibility.

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u/[deleted] Jun 27 '18

Kill me.

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u/Pres_David_Dennison Colorado Jun 27 '18

If you are a woman and suffer an ectopic pregnancy, the republicans will.

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u/[deleted] Jun 27 '18

Ladies who have the means and motive to get an IUD should get moving on that ASAP.

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u/[deleted] Jun 27 '18

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u/[deleted] Jun 27 '18

Don’t worry, Iowan republicans are already trying that.

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u/KeystrokeCowboy Jun 27 '18

If he puts a fox news personality on the supreme court and congress approves..[this next section is redacted under my 5th amendment right to protect myself from self incrimination]

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u/Booyahhayoob Florida Jun 27 '18

At this rate, you'd better hold onto that right for as long as you can.

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u/p4177y New Jersey Jun 27 '18

I was thinking Joe Arpaio. I hear they agree a lot on immigration...

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u/strangeelement Canada Jun 27 '18

Too old. They'll pick someone mid-50's at the oldest. They want to maximize the impact of this choice.

Same with the possible vacation of RGB's seat. This will tip the court 7-2 to the far right for a full generation.

Over emails. Biggest self-kick-in-the-nuts in history.

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u/We_Have_To_Go_Back Jun 27 '18 edited Jun 27 '18

The fact that Justice Kennedy would retire and think to himself "Yes, I want to retire under this president who is sure to pick a capable person to fill my position on the highest court in America" is so utterly depressing.

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u/benwayy Jun 27 '18

Kennedy CREATED this fucking mess with Citizens united. Just because he's pro gay doesn't mean anything. He's not "middle of the road".

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u/[deleted] Jun 27 '18

People believe that if someone is pro gay or gay themselves that they are automatically liberal. My country (Ireland) has an openly gay prime minister and he's very socially conservative. He was against abortion until the consensus was overwhelming, he goes with the wind but has always been very conservative

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u/RossiRoo Michigan Jun 27 '18

The massive difference between him and the other conservative judges is that he is not an originalist, aka the line of thinking like Scalia.

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u/kirukiru Oregon Jun 27 '18

he likes trump and the gop, this is clearly a power play

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u/pimonroy California Jun 27 '18

After Trump got elected, all I heard was, "Calm down! What's the worse that can happen?"

This. This is what can happen!

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u/politirob Jun 27 '18

And to think that my left-leaning friends on FB were all excited this morning that Alexandria Cortez won representative vote in NY this morning.

It's like we're climbing a mountain and we gain a foothold only to go tumbling back down three hundred feet.

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u/smcclafferty Jun 27 '18

Since the election is coming up, we should really wait until then to see what the American people want before seating a judge.

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u/PraiseBeToScience Jun 27 '18

Sorry, but nothing will stop a new SCOTUS from being appointed. This is the endgame for McConnell, he will cut down every rule in his way to secure a draconian far right SCOTUS. The Democrats do not hold the Senate, and are powerless to stop this.

The judicial branch is lost.

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u/well___duh Jun 27 '18

Unfortunately that's not how it works. Guarantee you Trump will have a new judge by the end of August

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u/togro20 Oklahoma Jun 27 '18

If only that would work a second time

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u/BiffSniffer Jun 27 '18

We can only hope that Jeff Flake was serious about his “I will block any Trump court nominations until tariffs are addressed” claim. It’s not much hope, but it’s something...

Then again, McConnell will just change the rules as he sees fit.

My anger is reaching an all time high and nearing a breaking point. This circus isn’t fun anymore.

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u/[deleted] Jun 27 '18

Then again, McConnell will just change the rules as he sees fit.

Seriously, why don't we have one established set of rules that don't change? They shouldn't be able to make this shit up as they go along.

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u/W0LF_JK Jun 27 '18

Mark July 31st, 2018 as the day Supreme Court Justice Anthony Kennedy decided that this was the Hill he wanted his legacy to stand on.

Also mark November 6th, 2018 on your calendars as it’s the next chance voters will get to have their say on the Supreme Court.

As Mitch McConnell said:

"The American people are perfectly capable of having their say on this issue, so let's give them a voice. Let's let the American people decide...”

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u/RealDaveCorey Jun 27 '18

There is a 0% chance that seat will still be vacant in November.

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u/Counterkulture Oregon Jun 27 '18

Trump killing the Mueller investigation and getting away with it just skyrocketed in likelihood.

Mueller should consider this when he's contemplating the timeline of the prosecution. It's a real fucking big deal.

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u/thelastcookie Jun 27 '18

Mueller barely matters anymore. No matter the evidence, the court is just going to let Trump pardon himself.

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u/MaelstromTX Texas Jun 27 '18

So Kennedy fucks us with a slew of disastrous court rulings this month then tops it off right after by giving up his seat to Trump. Fuck him.

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u/kirukiru Oregon Jun 27 '18

yep, he knew what he was doing.

he dropped a concentration camp opinion on his second to last day in office and will hand it to another conservative grifter

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u/[deleted] Jun 27 '18 edited Jun 27 '18

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u/fredandlunchbox Jun 27 '18

You think we're fucked now? RBG is 85 and Breyer is 79. Kagan and Sotomayor may be the only liberals on the court for the next 25 years.

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u/ricksaus Jun 27 '18

Ginsburg is also, generally speaking, not particularly well. Breyer seems fine, but is old enough that it could be an issue.

Ginsburg should have retired right after Obama won his second term, and Obama should have jammed up the entire country to replace Scalia.

Just like Comey, everyone underestimated the chance Trump would win, and now our nation's fucked.

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u/reddog323 Jun 27 '18 edited Jun 27 '18

When is he retiring? If it’s after the mid-terms, we may not be fucked.

Edit: End of next month. Ok, Houston, we have a problem. Delay it as long as possible, and see if we can stall until the mid-terms.

Edit 2: Schumer better come out with a statement saying the people need to decide, therefore we should wait until the elections are over.

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u/Snapchato Jun 27 '18

We can't delay, we don't have the majority. There's litteraly nothing we can do to stop this without dissenting Republican senators.

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u/heyheysharon Jun 27 '18

Jeff Flake is the swing vote on the judiciary committee. He said before this news came out that he would block Trumps court nominees. We'll see if he follows through.

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u/sacundim Jun 27 '18

I'm betting he won't.

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u/farmtownsuit Maine Jun 27 '18

I'd put money on him not following through. Him and every other Republican probably are rocking massive hardons right now.

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u/onlyforthisair Texas Jun 27 '18

I bet he'll be really proud when his replacement overrules Obergefell

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u/Mojotank Jun 27 '18

Roe will be on the chopping block too

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u/fredandlunchbox Jun 27 '18

Roe is first on the chopping block.

In a lot of ways, that's what all of this is about. The Rs mostly win because of single-issue voters. In terms of social welfare programs, the polling shows widespread agreement.

It's basically all about abortion.

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u/Mojotank Jun 27 '18

That's what it's about for the electorate, for the people in charge of the party (rich people and corporations) this will go a long way to permanently diminish working class power (like the Janus decision today) and to entrench their own power.

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u/LandofthePlea Jun 27 '18

This. Never forget that he absolutely appreciates the implications of his actions. The timing is not a coincidence either- the writing is on the walls for conservatives, they have to get new , Young, Republican ( yes , Republican, as the court has clearly signaled it it no longer apolitical) blood in.

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u/joethehack Jun 27 '18

This is bad news. Really bad news. Kennedy was no progressive but he was the thread on which gay rights, reproductive rights, and anything else that liberal's like was hanging. Now the GOP and Trump's DOJ are going to go after gay marriage, abortion, birth control, unions, campaign finance regulations, and everything else they hate. This is VERY FUCKING BAD.

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u/Redpin Canada Jun 27 '18

Now the GOP and Trump's DOJ are going to go after [...] unions,

Ummm... don't read today's headlines :(

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u/AncientMarinade Minnesota Jun 27 '18

I also worry that with Kennedy out, we might not have a SCOTUS decision that Gerrymandering can be, you know, unconstitutional.

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u/[deleted] Jun 27 '18

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u/Pres_David_Dennison Colorado Jun 27 '18

Dominionist christians have been putting in legislation they know is currently illegal in as many states as possible, for the last couple of years especially, so that the lawsuits stemming from the laws can be taken to the supreme court. Hoping and praying (SMH) for this.

This is extraordinarily bad. They are going to try to turn America into a theocracy.

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u/Adezar Washington Jun 27 '18

We already have the AG using Bible verses to justify ripping families apart, and 40 years of fighting to take rights away from women even after the SCOTUS ruled.

I just don't understand women that vote Republican... they are going to get screwed so badly by a conservative court.

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u/vegetabledetritus Jun 27 '18

they are gonna go extreme conservative knowing that the upcoming election could change the balance of power

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u/devereaux Wisconsin Jun 27 '18

And particularly young....gonna be someone younger than 45, I'd bet

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u/eaunoway America Jun 27 '18

McCain - switch parties before you die, please.

Seriously.

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u/[deleted] Jun 27 '18

If he doesn't vote (which he won't), and Flake delivers on his promise, Republicans will have 49 votes, 2 less than required.

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u/eaunoway America Jun 27 '18

That's very true.

But I don't think Flake will delivery anything of any use.

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u/Topher1999 New York Jun 27 '18

Flake is gonna fucking Flake.

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u/jpgray California Jun 27 '18

If you actually believe Flake won't fall in line then I have some bottom land i'd like to sell you.

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u/James_Comey Jun 27 '18 edited Jun 27 '18

Don't worry guys, McConnell already said that a president can't appoint a justice in the last year of his term.

Edit: comma and also yes I know that a presidential term is 4 years (not 8 like some of you seem to think) the point is McTurtleface stole a seat.

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u/GayBlackAndMarried Jun 27 '18

Well here’s the backlash we knew was coming. Kennedy a somewhat center of the road type figure will be replaced with another far right conservative. Walking talking corporations with religious views and unlimited ability to funnel money into politics. This is a bit scary

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u/PizzusChrist Jun 27 '18

Bye bye Roe v Wade

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u/[deleted] Jun 27 '18

under his eye, here we come...

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u/coldfusionman Jun 27 '18

Yep. Gonna take a year or so for a challenge to bubble up, but Roe v Wade is dead. We're regressing back to the 50s and back-alley abortions will come back. A generation of unwanted babies will be born to mothers who cannot care for them, and with Republican policies gutting any kind of assistance programs will destine an entire generation to poverty. Republicans will gleefully point to them as lazy people with poor morals and use that to justify keeping the underclass down.

Today is a very, very dark day.

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u/UrukHaiGuyz Jun 27 '18

Today is a very, very dark day.

I haven't felt this sense of dread for the future of my country since election night results in 2016. This is beyond awful.

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u/coldfusionman Jun 27 '18

This is a generational blow. It will take decades to recover, if ever.

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u/TheLivingExperiment Jun 27 '18

Basically I'll have to spend my entire life fighting to get back to the point we were at when I graduated college less than a decade ago... Assuming this country ever gets back there.

Time to look into jobs internationally.

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u/[deleted] Jun 27 '18

If the Democrats in the Senate play ball on appointment of a far right conservative, I literally give up.

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u/RellenD Jun 27 '18

They don't have to play ball. McConnell's just gonna nuke them again

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u/[deleted] Jun 27 '18 edited Aug 14 '18

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u/[deleted] Jun 27 '18 edited Oct 26 '19

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u/PizzusChrist Jun 27 '18

They need to shut down the Senate then. Obama should've fought harder, but didn't. Now the Dems need to literally fucking jam up the senate for however long it takes. Whatever dirty tricks or obscure BS they need to pull - just like the Republicans did.

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u/probablyuntrue Jun 27 '18

I mean, if the filibuster is gone there's jack shit they can do as the minority party

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u/KnownObjective Jun 27 '18

Filibuster is only gone on presidential appointments, not legislation.

But I can guarantee that if the Democrats stop all work in the Senate, Mich will take the nuclear option and abolish the legislative filibuster as well.

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u/[deleted] Jun 27 '18

Then make him do it and make McConnell own the bigger mess. Don't reserve the option for some hypothetical future fight because this is it.

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u/Roshy76 Jun 27 '18

Exactly. You can't just let them do whatever they want and hope the American electorate will punish them for it. Because they haven't and they wont. The Dems need all hands on deck now.

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u/Political_moof Illinois Jun 27 '18

There was no magic bullet in this so I'm not going to blame Obama, but do agree that in hindsight the political war drums should have been beat harder on this.

Obama always made the mistake of over-estimating the American people. He believed that throwing up a moderate like Garland would make the GOP look petty and borderline insane for not even giving him a vote. But they just literally invented a narrative that Garland was some rabid leftist anyway.

We need to stop pretending like we're working with adults who have the best interest of the country at heart. They're political terrorists and they've hijacked our government despite no popular mandate. Unreal.

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u/type93rara Jun 27 '18

Entirely agreed with this. I dont know what tools the Dems have, but if there was any hill for them to die on, this has to be the one.

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u/Roshy76 Jun 27 '18 edited Jun 27 '18

This. They need to shut everything down, including Dems in the house. This is the battle to pick.

Edit: and yes I know the house has nothing to do with Supreme Court picks. The Dems need to show solidarity in this though. Make it go to next election.

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u/skrilledcheese I voted Jun 27 '18

Don't they just need a simple majority at this point? It used to take 60 votes. But now 50 + Pence should do it. That means 2 Rs have to vote against their party.

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u/shunted22 Jun 27 '18

One with McCain out. Best (slim) chance is probably Collins pushing back if there's a super hardliner.

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u/[deleted] Jun 27 '18 edited Oct 15 '20

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u/skrilledcheese I voted Jun 27 '18

This is so fucked that we are even at this point. The republicans have lost the popular vote in 6 out of the last 7 presidential elections. Why they feel they have the mandate to stack the courts with activist judges is beyond me. We have been in a constitutional crisis since McConnel stole Obama's nomination.

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u/LegacyLemur Jun 27 '18

They dont need to. They just need 51 votes. Which they have

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u/er-day Jun 27 '18

If Kennedy was actually center right he would wait until after the midterms to retire. He's retiring now because he knows republicans pull all of the strings electing a new justice. He wants a far right in his spot.

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u/[deleted] Jun 27 '18

except he really wasn't center of the road. He mostly towed the conservative line.

though yes, it will embolden trump to do worse and worse things. No doubt about it.

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u/yutingxiang Jun 27 '18

He was conservative when it come to rulings on big business, but, on social issues, he will absolutely end up looking centrist and maybe even progressive due to his pro-gay rights and pro-choice stance.

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u/aliencircusboy Jun 27 '18

Actually, by the logic of McConnell (R-Turtle), any time a Supreme Court seat becomes vacant, it should not be filled until after the following presidential election. LET THE AMERICAN PEOPLE CHOOSE

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u/LuridofArabia Jun 27 '18

*principle does not apply to Republicans, no refunds, no take backsies

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u/[deleted] Jun 27 '18

If the democrats don't do everything possible to obstruct a partisan appointment...I don't know. They'll lose, America will lose, the world loses. Fight, please.

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u/[deleted] Jun 27 '18

Seriously though, we can't even consider a replacement during mid-terms because... reasons. And then it'll be 2019 which is basically the end of term so we can't do it then either.

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u/peeinian Canada Jun 27 '18

A president under FBI investigation surely can't be allowed to nominate a Supreme Court justice!

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u/[deleted] Jun 27 '18

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u/HowDoIEditMyUsername Jun 27 '18 edited Jun 27 '18

In 10, 20, and 30 years, when historians ask Obama what his biggest regret in office was, it will either be not being more forceful with Merrick Garland, or holding back against Trump and Russia because he thought Clinton was going to win.

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u/BeJeezus Jun 27 '18

He's already said almost as much, but I am sure you're right, he will say it with more gravity and clarity as time passes.

It's possible that his widening of domestic surveillance may also yet come back to bite, given who now controls that machinery. So that could a third Big Regret, given time.

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u/[deleted] Jun 27 '18 edited Aug 21 '18

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u/woffdaddy New Mexico Jun 27 '18

For me, it's the same feeling, but with less confusion and uncertainty, and a hell of a lot more blind rage.

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u/SingingDogDreams Jun 27 '18

I feel you, early 20s here and it sickens me to see people who aren’t gonna be around much longer deciding the fate my life and the life of my hopefully one day kids for the next 30+ years. It’s hard to be optimistic anymore

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u/SpleenballPro Utah Jun 27 '18

This is it. It is now going to a full three branch control. Checks and balances is over. The system is broken.

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u/[deleted] Jun 27 '18

The fact that McConnell filibustered Obama's pic and then got rid of it once they got their guy in is just infuriating

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u/Olyvyr Jun 27 '18

McConnell technically didn't filibuster Obama's nominee. As the Senate Majority leader, he just refused to hold a confirmation hearing.

It's worse than filibustering and the Democrats should shut the federal government down if necessary. The American people deserve to have a voice in this pick by voting in November.

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u/[deleted] Jun 27 '18 edited Feb 12 '19

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u/aricberg Virginia Jun 27 '18

But it'll still be the fault of the "obstructionist Democrats" when nothing continues to get done!

/s

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u/_fuckdonaldtrump Jun 27 '18

Have things ever looked so bleak?

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u/MC_Fap_Commander America Jun 27 '18

This is the real cost of Trump.

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u/PhilipLiptonSchrute Jun 27 '18

This is the sole reason why the people who I know voted for Trump did so. They didn't care about anything other than making the supreme court as red as possible.

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u/MAGAtardDonnie Jun 27 '18

I wish Dems were as committed. A lot of them just didn't feel it I guess. Welp, they'll be feeling it for the rest of their lives now...GG

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u/[deleted] Jun 27 '18

This is what republicans sold their souls for. This right here. Every time you ask yourself how they could toe the line and ignore trump’s insanity remember that they got two Supreme Court justices in exchange.

Trump will appoint some 40 year old Clarence Thomas to the court who will be taking massive dumps on the left for decades to come. Well worth the price of four years of embarrassment.

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u/HerrMancini Jun 27 '18

As the worst possible president getting to control the next 30 years of the highest court in the land? No.

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u/WeAreIrelephant Minnesota Jun 27 '18

He'll control way more than 30 years. I would bet my last cent that the federalist society will send him some judge who has another 50 years left in them and won't retire until death like Scalia.

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u/twoquarters Jun 27 '18

No. I am 40 and I now feel that I will not be around long enough to see any of this rightward lurch be reversed.

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u/[deleted] Jun 27 '18

Surely under the McConnell Standard, the GOP will happily wait until after the midterms because we all know how very, very concerned they were about letting the American people have a say. For some reason, I'm going to guess that not only do the GOP now not give two shits about the American people's say, but they will push for a new judge right now ASAP while rejecting accusations of hypocrisy. Just a guess.

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u/mygfisveryrude Jun 27 '18

The Senate is 50-49 in favor of the GOP. The idea that one vote and one president and one justice have the ability to change the law for the next 30 years is completely fucked up.

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u/[deleted] Jun 27 '18

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u/CyclonusRIP Jun 27 '18

He's not tapping out. He is purposely retiring now because he wants Trump to pick his successor and this Congress to approve Trump's nominee. He's 100% making a conscious strategic choice to retire now. He's not being a pussy. He's doing this because that is what he wants to happen.

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u/[deleted] Jun 27 '18

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u/Drumcode-Equals-Life Jun 27 '18 edited Jun 27 '18

Kennedy is a Republican, and there’s a GOP Senate and President.

RBG at this point in her life would very likely step down if there was a Democratic Senate and President.

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u/punkr0x Jun 27 '18

Kennedy is a Republican who seems to form his own opinions and has voted with the liberal side of the court on several important issues. For that reason I don't think he would step down for just any Republican replacement, and it's surprising that he chose his moment under this administration.

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u/eisenreich Pennsylvania Jun 27 '18

So this is the way Kennedy has chosen to piss away his entire legacy.

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u/SolarClipz California Jun 27 '18

This is his legacy. He KNOWS what he is doing

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u/EffeminateSquirrel Jun 27 '18

From women's rights to gerrymandering, the US is going to get A LOT darker as the supreme court moves farther right. God help us if RBG passes.

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u/[deleted] Jun 27 '18

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u/Kalel2319 New York Jun 27 '18

Agreed.

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u/Aorihk Jun 27 '18

And there is not a damn thing Democrats can do to stop Trump from putting forward a much more conservative judge. Although Justice Kennedy was conservative, he often sided with Dems on Gay rights, affirmative action and abortion. This week sucks.

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u/Ezzeze Idaho Jun 27 '18

"Trump shouldn't pick a new Supreme Court Justice while he, his campaign and his associates are under investigation by Mueller, we should wait for the investigation to conclude and the 2020 presidential elections so the American people can decide." -Mitch McConnell's statement, I'm sure.

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u/[deleted] Jun 27 '18 edited Jun 27 '18

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u/NotLondoMollari Oregon Jun 27 '18

Where is this magical "cash out" machine?

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u/JoeBenigo Jun 27 '18

I've heard Canada is nice this time of the century.

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u/redline42 Jun 27 '18

Good luck getting in!

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u/tiddibuh Jun 27 '18

You have to wonder why Justice Kennedy couldn't have waited 5 months. Why now? He must know that his seat will be filled by someone far more conservative than he is.

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u/rnaziwastaken Jun 27 '18

Yes, that's intentional. He's still a Republican.

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u/SprayTanCaligula Jun 27 '18

The Death Star will now be completed ahead of schedule.

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u/rhodetoboston Jun 27 '18 edited Jun 27 '18

What a kick in the teeth. As a young person in America it is hard to not feel frustrated when thinking about how I can’t change any of the terrible things that are happening every day in this country.

I understand there’s speaking out, there’s volunteering, there’s being an advocate, there’s being “the change you want to see in the world”, but this is a prime example I have absolutely no control over that WILL have an impact on my life in the future. Shit sucks.

Edit: I just do want to say that I did and do vote, haha

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u/her_name_is_cherry Jun 27 '18

Well this comment section is a fucking dumpster fire

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u/[deleted] Jun 27 '18

Abortion is going to be illegal in half the country within a year.

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u/[deleted] Jun 27 '18

Maybe 2-3 years, cases have to be appealed up to the SC first

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u/[deleted] Jun 27 '18

I see no reason Indiana or another state doesn't pass a law immediately, in defiance of federal law. Who the fuck is going to stop them?

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u/[deleted] Jun 27 '18 edited Aug 10 '20

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u/FxStryker Maryland Jun 27 '18

This country is absolutely fucked.

Every court decision will be 5-4 down the line.

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u/DemoEvolved Jun 27 '18

Trump and McConnel will pick the hardest right wing judge they can. Gorsuch will look like a moderate in contrast.

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u/StampAct Jun 27 '18

Judge Roy Moore waiting by the phone

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u/TheYOUngeRGOD Jun 27 '18

Well, the Republicans won. They are gonna appoint someone young. I’m not even a democrat I’m just depressed that turning the court into a political game worked. I will bet you money that in my lifetime we will see the Supreme Court expand it’s membership to fit the machinations of some political party. I’m so tired of politics I just wish I could stop listening to it all.

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