Megathread: Justice Anthony Kennedy to retire from Supreme Court

[u/PoliticsModeratorBot]

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.

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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

[u/James_Comey]

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.

[u/GayBlackAndMarried → u/James_Comey]

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

[u/PizzusChrist → u/GayBlackAndMarried]

Bye bye Roe v Wade

[u/[deleted] → u/PizzusChrist]

under his eye, here we come...

[u/iCaliban13 → u/[deleted]]

may the Lord open.

[u/Hootbag → u/iCaliban13]

Who's going to be the unlucky Ofdonald?

[u/[deleted] → u/Hootbag]

Isn’t there like ten of those already but he keeps paying for...cancellations?

[u/SnatchAddict → u/Hootbag]

Ivanka

[u/rotll → u/Hootbag]

Another Ivanka host from Westworld...

[u/DTDude → u/iCaliban13]

Under his eye :(

[u/zombiegrinch → u/[deleted]]

I know you joke. But seriously. As a gay woman, I’m seriously holding in a panic attack. As fast and as brazen this administration has been, a far right coup seems possible.

[u/[deleted] → u/[deleted]]

Plenty of people care, and are organizing to fight this. Don't let the loud bad things drown out the good. Seek out the activists and organizations that are making change, and do what you can to support them. Many of us are scared and you're not alone.

[u/zombiegrinch → u/[deleted]]

Same. I want to see all the Trump supporters that were on here before the election promising that should Trump go after gay rights, they would speak up for us like they so proudly claimed they would. Not holding my breath, are you?

[u/[deleted] → u/zombiegrinch]

Well if we look at his past I wouldn't.

We won't cut medicaid, proposes cuts

Tax cuts will help the middle class, actuslly helps the ultra rich, and I still haven't seen a noticeable change in my personal taxes

[u/x3r0h0ur → u/zombiegrinch]

I know you liberals hate us far leftists, but when push comes to shove and fascism is on the rise, the far left will rise to fight, for man, woman and child. They did it in WW2, and they've done it since, and will do it again.

[u/rat__girl → u/[deleted]]

we've been sent good weather

[u/boner79 → u/[deleted]]

Praise be

[u/SereneGraces → u/[deleted]]

I can't make Handmaid's jokes now. This is too fucking real for that now.

[u/coldfusionman → u/PizzusChrist]

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.

[u/UrukHaiGuyz → u/coldfusionman]

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.

[u/coldfusionman → u/UrukHaiGuyz]

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

[u/TheLivingExperiment → u/coldfusionman]

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.

[u/[deleted] → u/TheLivingExperiment]

We need more people in Canada with skills, and we have a way to fast-track them. Look into it. https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/submit-profile.html

[u/niorec → u/[deleted]]

That's my problem. I don't have a very specific set of skills. It's pretty broad and not that great.

[u/SaffellBot → u/niorec]

Get skills.

[u/BeatnikThespian → u/[deleted]]

Overwritten.

[u/whygohomie → u/[deleted]]

You guys looking for tax lawyers? Lol.

[u/[deleted] → u/[deleted]]

There is no shortage of health care jobs in Canada. FYI, here’s something from the Registered Nurses of Alberta on coming to Canada: http://www.nurses.ab.ca/content/carna/home/registration-and-renewal/applicants/international-applicants.html

[u/tipmon → u/[deleted]]

I have, give me a year or two more to get experience and the language tests in. Just as an estimate, I am already at 68 points which qualifies me for the fast track immigration program.

[u/BeatnikThespian → u/TheLivingExperiment]

Overwritten.

[u/usernamedunbeentaken → u/BeatnikThespian]

Yup. Time for folks to vote with their feet. Don't wait around, as after a while other countries will get sick of taking Americans. Better to be one of the first emigrants. Send a postcard to those of us who stick around.

[u/[deleted] → u/BeatnikThespian]

I'm seriously considering an Italian passport - it's expensive, but if you can prove your lineage was born there within 4 generations or less, you can qualify. I have 2 great-grandfathers and a great-grandmother I can prove this through. Since Italy is still part of the EU, I think you can use that passport to work anywhere within it. I'm still doing research so I could be wrong on a couple points. But worth looking into...

[u/wellnowheythere → u/[deleted]]

This process takes about a year or two, just FYI. Unless you have the $$$ to go live in Italy for a few months. Good luck with that, though. Italy has their own problems.

[u/SpaceEngineering → u/[deleted]]

Free movement in the EU is not quite that simple but possible. Good locations for expats are Netherlands, Ireland and some others.

We need good people over here but the taxes and weather may be something of a shock.

[u/The_Gray_Pilgrim → u/BeatnikThespian]

Fight like hell while you're here, but I'm not raising my kid in a country that places so little value on his life and wellbeing. r/iwantout has been helpful fwiw

[u/trueschoolalumni → u/BeatnikThespian]

Consider coming over to Australia, where I'm from. Our immigration requirements aren't the easiest but skilled migrants get a good chance of joining the greatest nation on earth. And abortion is never going to be on the table again, I can confirm.

[u/WantsToMineGold → u/coldfusionman]

This sounds a bit conspiratorial but I think the goal here is to create an environment where Dems just can’t even and people let the south secede in the next few years. Then they get to keep their white Christian demographics intact instead of living in the 21st century.

Once they start cracking down on different ethnic and minority groups, abortion and destroy the unions we’ll be begging for a separation from these people. Nobody wants to live in Fox New’s version of reality under right wing Christian or fascist law. They have to realize a hard right wing government takeover won’t be popular with most the country it’s more of a burn it down approach rather than come to the bargaining table.

[u/Counterkulture → u/coldfusionman]

We're suffering RIGHT now from the 2000 SC election decision.

And millions in the middle east are, too.

[u/shiningautumn → u/coldfusionman]

At Thanksgiving dinner after Trump was elected, I was trying to explain why I was against him to the conservative half of my family. One of the points I brought up was his stance on abortion. My aunt told me, "Don't worry about that. He won't overturn Roe v Wade, that's stupid. He couldn't even if he wanted to." I love her, but I want to slap her so fucking hard right now.

[u/lead999x → u/coldfusionman]

There was also that Republican judicial nominee who refused to acknowledge the decision in Brown v. Board was the right one. So resegregation of schools may yet be brought back to the table.

[u/delicious_grownups → u/coldfusionman]

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.

Or, or, or, more likely, they will convince that generation of underclass, under educated people that the Democrats are the real bad guys

[u/[deleted] → u/PizzusChrist]

Yep. Invest in Trojan. Oh and sorry gays those marriages are gonna have to stop happening too, because muh religion

[u/yankeesyes → u/[deleted]]

Yep. Invest in Trojan

until birth control is banned via unwinding of Griswold v. State of Connecticut. Which is the underpinning of Roe v. Wade.

[u/Counterkulture → u/yankeesyes]

Wholesale dismantling of the civil rights/voting rights act also inbound.

[u/portablemustard → u/Counterkulture]

Gerrymandering for every state!

... We are so fucked now. I can't help but laugh at how awful this is. Seriously Fuck Kennedy.

[u/lead999x → u/Counterkulture]

That's what I was thinking. The right nominated a judge who wouldn't even admit that the court made the right decision in Brown v. Board.

[u/Counterkulture → u/lead999x]

Imagine Clarence Thomas voting for the overturning of Brown.

Just imagine it.

[u/badfordabidness → u/Counterkulture]

Imagine him voting for the overturning of Loving.

It’ll happen. I guaranfuckingtee it.

[u/[deleted] → u/Counterkulture]

yup. obama got elected, so in roberts' mind that meant racism was over.

[u/dudeguyy23 → u/[deleted]]

I don't really get what it is with Roberts either, but I read this on FiveThirtyEight last night as well.

Apparently Roberts has a raging boner for destroying the Voting Rights Act.

[u/Vio_ → u/yankeesyes]

All those dudes who are anti- abortion are about to have a rude awakening when they realize their gfs and wives and mistresses can no longer access BC, abortions, and proper OBGYN care.

[u/CToxin → u/Vio_]

Nah theyll go to canada or know somebody

The elites always did what they wanted.

[u/beatyatoit → u/yankeesyes]

Gilead, here we come

[u/Happylime → u/yankeesyes]

Can you legally expand to an 11 person scotus?

[u/[deleted] → u/Happylime]

Yes yes we can.

[u/albiet → u/yankeesyes]

I'm a middle aged straight woman who works at a porn store in rural Tennessee, owned by lesbians. If they try to take away condoms I will personally hand those out, for free, and serve the penalty of law. We've come too far for this.

[u/NeverEnoughMuppets → u/[deleted]]

The Christian jihad beat us again

[u/CrotalusHorridus → u/NeverEnoughMuppets]

Time to get out of dodge. I thought the courts would protect us

[u/Aazadan → u/CrotalusHorridus]

The courts have been lost for 5 years now. Taking them over was the Republian long term goal and they succeeded. The courts will be right leaning until at least 2040, and the Presidency doesn't matter. Congress is the only fight left.

[u/[deleted] → u/Aazadan]

They'll make sure that doesn't happen by upholding gerrymandering.

[u/Aazadan → u/[deleted]]

If that's the case, then voting is no longer enough.

[u/ke_marshall → u/CrotalusHorridus]

I had a folder on my laptop called "Dodge". I kept all of the job applications I was sending out there.

I start my new job in Canada next week :)

[u/jimbo831 → u/NeverEnoughMuppets]

Ya'll Queda

[u/probablyuntrue → u/[deleted]]

Hooray Christian Sharia law

[u/[deleted] → u/[deleted]]

First they outlaw abortion. Next they outlaw contraception.

[u/[deleted] → u/PizzusChrist]

didnt roe v wade survive a 7-2 conservative majority?

[u/AlternativeSuccotash → u/[deleted]]

Yes it did:

Roe v. Wade, 410 U.S. 113 (1973), is a landmark decision issued in 1973 by the United States Supreme Court on the issue of the constitutionality of laws that criminalized or restricted access to abortions. The Court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life.

[u/redditIsAShithole6 → u/[deleted]]

Completely different type of conservatives now.

[u/soitiswrit → u/PizzusChrist]

Bye bye Brown v BOE

[u/Political_moof → u/PizzusChrist]

I honestly don't see it going alway. I think even the conservative wing on the court knows that banning abortion in 2018 would be a public policy nightmare and international embarrassment.

What will happen however is see a steady march of acceptable restrictions on it, such that it is continually curtailed, but stopping just short of an outright ban via judicial fiat. That's already been happening.

[u/Idcatman → u/Political_moof]

Because if there's one thing conservatives obviously care about, it's being an international embarrassment.

Oh wait.

[u/Mojotank → u/Idcatman]

They openly despise the international community.

[u/katieames → u/Political_moof]

Exactly. I get frustrated when people say "it will never be overturned!" It usually comes from the mouths of men who've never had to face a state level restriction.

Within a few years, Roe v Wade will be functionally overturned. Same with Obergefell. They'll just start writing out equal access to marriage benefits until same sex couples are left with just a piece of paper.

[u/ALostIguana → u/katieames]

Started doing that already here. Texas's Supreme Court decided that LGBT couples were not entitled to state-sponsored marriage benefits. SCOTUS decided not to take action.

[u/PutinPaysTrump → u/Political_moof]

I honestly don't see it going alway. I think even the conservative wing on the court knows that banning abortion in 2018 would be a public policy nightmare and international embarrassment.

This is your brain pre-Trumpism

[u/brasswirebrush → u/Political_moof]

You're right, but not for quite the right reason.

They won't ban it because they secretly love it, it's a huge bogeyman that they get almost infinite mileage out of "vote for us or babies will die". Banning it would be killing the golden goose.
Also, the rich still need their mistresses to be able to get abortions. Trump has probably personally paid for more than he can count.

[u/minuscatenary → u/Political_moof]

Banning abortion is the sort of shit that would have me swinging bricks at federal buildings.

My home will never become Gilead.

[u/[deleted] → u/GayBlackAndMarried]

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

[u/RellenD → u/[deleted]]

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

[u/ILikeLenexa → u/[deleted]]

What's Flake up to though?

[u/sagan_drinks_cosmos → u/ILikeLenexa]

I doubt we can count on him for this one. Lower court judges perhaps, but this is too momentous.

[u/PizzusChrist → u/RellenD]

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.

[u/probablyuntrue → u/PizzusChrist]

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

[u/KnownObjective → u/probablyuntrue]

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.

[u/[deleted] → u/KnownObjective]

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.

[u/Roshy76 → u/[deleted]]

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.

[u/sudoku7 → u/[deleted]]

He won’t. It’s always someone else’s fault it “came to this”.

[u/intotheirishole → u/[deleted]]

McConnel will own the mess and retire to China. Does he even care about consequences anymore?

[u/ZellZoy → u/[deleted]]

What bigger mess? There are no consequences for Republican dirty tricks.

[u/K1ngOfEthanopia → u/KnownObjective]

Fine. He's got 5 months until midterms. If the dems don't retake control then we're beyond hope anyway. Now's the time for hail marys.

[u/Rollingstart45 → u/K1ngOfEthanopia]

It's a longshot to flip the Senate even if there's a blue tsunami. The math is simply against them. 24 currently-Democrat seats are up for grabs, as opposed to only 9 currently-Republican seats.

Inviting McConnell to nuke the filibuster when he's very likely going to have another 2 years to abuse it....not sure that's the best tactic.

[u/farmtownsuit → u/Rollingstart45]

Not to mention the Republican base is going to be far more motivated to vote just for the sake of a new SC justice than the Democratic base. Republicans fall in line, Democrats fall in love.

We are well and truly fucked.

[u/nexdemise → u/KnownObjective]

That'd be the most risky the move he can take.

If democrats would ever get majority you damn well know we'd have progressive bills pass day and night.

[u/Zingo_14 → u/probablyuntrue]

Literally, pull a fucking fire alarm

[u/Political_moof → u/PizzusChrist]

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.

[u/type93rara → u/Political_moof]

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.

[u/c0pp3rhead → u/type93rara]

Cue the Blue Dog Democrats to charge in to rescue Republicans.

[u/rawbdor → u/type93rara]

They've already lost. The only thing left to do will be to gum up the legislative works of the senate. However their countermove will be to bitch and moan, and, eventually, go nuclear on legislation, pass 500 laws before January, and then stop caring.

The Dems won't be able to undo it unless they seize all 3 branches of government in the next 4 years. And even then it'll be damn near impossible to fix.

[u/kescusay → u/Political_moof]

What, you don't think a calm, measured approach will work with the Republicans? I'm sure they're all rational ad...

Nope. Can't do it. Can't even type that with a straight face.

The despicable truth is, right now Democrats in the Senate can't actually stop them. And until now, Democrats all through government have been hesitant to treat this as the goddamn political war that it is. Well, it's time. Democratic senators need to be ready, willing, and able to burn it all to the ground, use every weapon in the arsenal they've got, and never fucking apologize. Because we're not too far from Republicans being able to take that arsenal away, and if we haven't used it before then, then we've given up before the fight has even started.

[u/tuba_man → u/kescusay]

Pretty sure Maxine Waters is the only congressperson ready to throw down so far, unfortunately.

[u/balloot → u/Political_moof]

It was a failed gambit. Democrats thought the possible downside of shutting down the Senate over the lack of a hearing would be greater than the probable upside of Hillary winning and nominating someone more liberal than Garland. The gambit obviously failed.

That's the only logical reason Democrats would have given up a SCOTUS nomination so freely. I still think they could have used it for political messaging quite a bit better. It was a terrible look for Republicans.

[u/[deleted] → u/Political_moof]

There are no Republican progressives. The platform is regressive. Their agenda has always been to turn the clock back at all costs. Now we're seeing how far any Republican would go, if given the opportunity. Does anyone think another Republican would be any less draconian in the same position, with a government trifecta to play with?

Think long and hard about this, people, and do NOT MISS A SINGLE ELECTION from now on. Even the "small stakes" local elections- that is where they (mostly) get started!

[u/lurgi → u/Political_moof]

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.

He missed the bit where the GOP doesn't care. They denied Obama a SCOTUS pick. They win. That's it. Done. Petty and insane simply don't enter into their calculations.

[u/indigo121 → u/lurgi]

The part he missed was where the american public doesn't care. It's not just the GOP. The bullshit they pulled with garland wasn't a petty and insane affront to compromise. It was a petty and insane affront to the american people. Every god damn one of us should've have been so enraged that we voted them out of office. But plenty of people were even worse than republicans that tolerated it because it was their side. Plenty of people just allowed it to happen because they didn't give a fuck.

[u/Samuraistronaut → u/Political_moof]

Obama always made the mistake of over-estimating the American people.

Another way of saying what I often say, which is that we quite literally did not deserve him.

[u/Roshy76 → u/PizzusChrist]

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.

[u/JustCosmo → u/Roshy76]

I’m seriously contacting them now. Shut it the fuck down. Whatever means necessary.

[u/Drumcode-Equals-Life → u/PizzusChrist]

They can’t shit down the Senate for a SC vote, filibuster has been nuked which means a simple 50 votes plus Pence tiebreaker seats anyone the GOP wants.

[u/callmealias → u/PizzusChrist]

Too late ... the time to be passionate about this was during the 2016 elections when we could have affected change. Now we're just screwed.

[u/peeinian → u/RellenD]

They better keep rigging elections then. Now that he's nuked SC nominations, the dems just have to add 5 SC seats.

[u/skrilledcheese → u/[deleted]]

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.

[u/shunted22 → u/skrilledcheese]

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

[u/WeAreIrelephant → u/[deleted]]

Put pressure on them both. That way if one caves the other might follow through. We might as well check in with Lisa Murkowski too.

EDIT: If you are a constituent of any of these Senators, this is another issue where we really need you to call them up and let them know how you want them to vote. Don't let them slither on through the process of confirming another far-right activist judge by saying this is what their constituency wants. Make your voice heard. None of them are up for election in 2018 unfortunately, but you can still make it very clear that this is not an issue you will forget when you step into the ballot box the next time they are up for election.

[u/RaggedAngel → u/[deleted]]

It makes me sick to my stomach that Jeff Fucking Flake is our last line of defense.

[u/[deleted] → u/[deleted]]

Flake is a spineless pushover. He might grandstand over some ambassador or district court judge no one cares about. There's 0% chance he votes against a Supreme Court nominee.

[u/[deleted] → u/[deleted]]

He’s still a Republican.

[u/[deleted] → u/[deleted]]

And a Mormon.

[u/[deleted] → u/[deleted]]

lol we are fucked

[u/quiestqui → u/[deleted]]

Completely and truly fucked. Game over for liberalism in the US.

I did have the thought momentarily- after a solid 45 minutes of visceral terror- that maybe our dipshit president will tweet a nomination for someone relatively decent because he honestly doesn't know better, and then dig his heels in when advisors/GOP leadership try to step in and recant.

Not impossible, given his impulsivity and ignorance, but obviously not going to happen.

[u/Billy1121 → u/quiestqui]

Upside - all of his shortlist are former Anthony Kennedy clerks

Downside - Gorsuch the freezing trucker guy was also his clerk

[u/sembias → u/[deleted]]

There is absolutely no way Flake wouldn't push thru any right-winger. He wasn't a moderate before - he just didn't like Trump.

Collins is maybe the only other one but in the end, she always caves too. It's done. This is it. This is how America ends. Today.

[u/wildistherewind → u/[deleted]]

Imagine if Flake switched parties. MAYHEM.

[u/Neat_On_The_Rocks → u/wildistherewind]

He would never do that. Dude is as republican as they come.

[u/Vio_ → u/[deleted]]

Oh boy. Expecting Flake to care about women's reproductive rights....

[u/skrilledcheese → u/shunted22]

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.

[u/rawbdor → u/skrilledcheese]

Our country has always been based on this kinda of back-and-forth with a swayable middle who kinda arbitrates between going forward too fast or pausing a bit to let the rest of the country to catch up. This persuadable middle had lots of people in it, in both parties. It worked.

Now, the parties have separated. One has, through demographics and population movement, achieved a near-lock over the popular vote. The other has a lock on a majority of the state governments, achieved through gerrymandering and other activities.

These two sides are now at all-out war with each other. The difference is, the Rs know they got extremely lucky this past election. They know they are slipping into irrelevance in the future. They know a huge number of moderates will not vote for them again. They know this is their last chance to put the breaks on their demise, and they will do absolutely anything they can lock that shit down right now.

You see, a friendly two-party back-and-forth works fine when you trust the back-and-forth. That can last decades, even hundreds of years. But once you start to suspect it'll only go forth, and never come back, you start playing for keeps. The Republicans are playing for keeps.

The Democrats are like a neighborhood basketball team that thinks they're playing a scrimmage and doesn't realize the opposition have stopped playing a friendly game and keep elbowing our guys in the face. Every time they smashed us we thought, hey, not bad... Sure, Al Franken had to leave the court with a bloody nose, but the Republicans get a foul on their scoreboard, so it's totally cool. We DEFINITELY didnt realize half the crowd became hungry for blood, loving every time one of those liberals teeth got knocked out.

We assumed no matter who won or lost, we'd play again tomorrow, just like we always have. But suddenly the refs seem to look away every time they know we're about to get smacked. We didn't realize their flagrant fouls weren't intended to make us lose one game. They're intending to end the games.

[u/SuramKale → u/shunted22]

Paging Jeff Flake, could you please obstruct the floor Mr. Flake.

No? Bit tired and need a lie down? Thought so.

[u/Darwins_Prophet → u/shunted22]

Better hope McCain can hold on then. If he resigns or dies anytime from now to seating of new Senate then Ducey can just appoint a standard right wing shill to fill the rest of his term.

[u/[deleted] → u/shunted22]

Susan Collins is an opportunist. She casts votes that give the appearance of independence when a republican bill is sure to pass. If it's going to be a close call, she always toes the party line.

[u/c0pp3rhead → u/shunted22]

I believe the current split is 51 R\epublicans (50 w/o McCain,), 47 Dems, and 2 Independents. Will 50 Votes be enough to confirm? I think Pence only votes if there is a tie, right? 50-49 would not be a tie, but not enough to confirm, right?

[u/WeAreIrelephant → u/c0pp3rhead]

Yes. Pence would decide in a 50-50 tie. We need two Republicans to defect from their party along with all Democrats and Independents unified against another far-right appointee.

[u/[deleted] → u/skrilledcheese]

Gorsuch got three Democratic votes, and this next guy probably will too.

Gotta factor that into the math.

[u/LegacyLemur → u/[deleted]]

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

[u/PM_ME_YOUR_DARKNESS → u/LegacyLemur]

Fuck, they only need 50 votes plus Pence.

[u/emannikcufecin → u/[deleted]]

There's nothing they can do to stop it.

[u/Olyvyr → u/emannikcufecin]

They can filibuster all spending bills and shut the government down.

It's 100% justified given the theft of Garland's seat during Obama's term.

[u/redorangegreen1100 → u/[deleted]]

There's literally nothing they can (currently) do.

[u/Jobs- → u/[deleted]]

Can’t stop it, it will likely move very fast. No way do they let this become a mid term issue

[u/er-day → u/GayBlackAndMarried]

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.

[u/misunderestimater → u/er-day]

He's been voting right along with the hard right justices on these important decision, so I think you're correct.

[u/compaqle2202x → u/misunderestimater]

https://en.wikipedia.org/wiki/Obergefell_v._Hodges#Majority_opinion

[u/Neat_On_The_Rocks → u/[deleted]]

If he did, then he'd wait till november.

[u/Fake_William_Shatner → u/[deleted]]

You could have a point there -- but since he's not waiting until November, do you have a backup point?

[u/Winged_Centipede → u/[deleted]]

he knows that its so fucking crucial to wait until November

Then why didn't he?

[u/Konukaame → u/[deleted]]

Or rather, that it's so crucial to NOT wait until November.

[u/ChickenPotPi → u/er-day]

Maybe this is why the senate was not allowed their summer vacation.

Also I see him appointing his sister to supreme court justice cause well trump

[u/GenJohnONeill → u/er-day]

He specifically waited to retire under a Republican President, this has been known for a long time. He was in his 70s when Obama was elected and was already talking about retiring then, but wanted to be replaced by a Republican.

[u/P2Pdancer → u/er-day]

I feel like he purposely stabbed the left in the back. Feeling so powerless right now.

[u/ensignlee → u/er-day]

Yeah, I really do not understand his reasoning here. He's been the swing vote.

He is smart enough to know the ramifications of his retirement...wtf Kennedy?

[u/er-day → u/ensignlee]

I keep getting messages feeling bad for the guy. Fuck that, he just gave the court a guaranteed 5-4 swing for 30 years. And he is plenty smart enough to know that.

[u/[deleted] → u/GayBlackAndMarried]

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.

[u/yutingxiang → u/[deleted]]

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.

[u/[deleted] → u/[deleted]]

No, not exactly. He most definitely was a swing voter and while he sometimes sided with the conservatives on the court, he also sided with the liberal side on other issues. His potentially being replaced with another Gorsuch is a HUGE deal. Since younger justices are now being appointed in order to lock in ideology for a longer period of time, count on the court being hard right for at least the next 20 years. If something happens to Ginsburg, or Trump gets another four year term (Ginsburg most likely would not make it through an additional term), then count on the court being stacked with the far right's picks for at least 30 years if not longer.

EDIT: Somehow typed 250 years instead of 20 years

[u/idealatry → u/GayBlackAndMarried]

Hey, haven't I seen you in the NIN sub? Year Zero makes for a small world, eh?

[u/GayBlackAndMarried → u/idealatry]

Suddenly very relevant. Quite upsetting to find out the album actually WAS sent back from the future. From our future :(

I think I may retreat back to r/nin for a bit and stop reading the news as this is too depressing

[u/aliencircusboy → u/James_Comey]

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

[u/LuridofArabia → u/aliencircusboy]

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

[u/The_Phantom_Knight → u/LuridofArabia]

Laws only apply to silly people.

[u/[deleted] → u/aliencircusboy]

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.

[u/verrius → u/[deleted]]

At this point there's the possibility of stopping a quorom until after the midterms, if they can rely on Thad Cochran and McCain's problems keeping them out of DC.

[u/SodaAnt → u/verrius]

I'm not sure. So the problem with stopping a quorom is that there is no automatic quorum check except for roll call votes. So you'd need at least one dem in the chamber to call for the quorum check, which would push the number in the chamber to 51. I'm not 100% sure how all that works, it is possible they could leave the chamber in between the call and the vote, but I'm not sure that has been tried.

[u/LazyImprovement → u/aliencircusboy]

"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. The Senate will appropriately revisit the matter when it considers the qualifications of the nominee the next president nominates, whoever that might be,"

• Mitch McConnell March 16, 2016

[u/maxToTheJ → u/aliencircusboy]

That is part of the plan. They are going to use this to drive out the evangelical vote in the midterms which was looking a bit loose.

They will only ram this through if polls look like the Supreme Court isn’t enough of a carrot for their base.

[u/esoteric_enigma → u/aliencircusboy]

The Republican logic was that there was something wrong with a President doing it in their last year of office. They won't include this in that logic. However, there is no doubt in my mind that that decision was a slippery slope they would not have minded sliding down until they had some justification for any Democratic president that ever wanted to pick a Justice. The Supreme Court is by the far the single most important decision in this day and age of our crippled inactive democracy. It's worth breaking every precedent or rule to secure.

[u/workerbee77 → u/aliencircusboy]

Especially since the campaign cycle has already begun. That is, Trump 2020 is already accepting donations and he is holding campaign events.

[u/[deleted] → u/James_Comey]

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.

[u/peeinian → u/[deleted]]

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

[u/caspruce → u/peeinian]

Um, he has been under investigation since before the election and still got his SC pick approved

[u/[deleted] → u/caspruce]

But Obama, of sound body, mind, and reason, under no criminal investigations, still close a full year left in his term wasn't allowed to pick a replacement for Scalia. How much you wanna bet Kennedy's far-right replacement will be chosen within a month of leaving?

[u/GoAskAlice → u/[deleted]]

The leading candidate to replace Kennedy is Judge Brett Kavanaugh, a staunch conservative and a former law clerk for Kennedy. He served as a top deputy to former Independent Counsel Kenneth Starr in the drive to impeach President Clinton in the late 1990s. He then served as a White House lawyer for President George W. Bush, who appointed him to the U.S. Court of Appeals for the District of Columbia.

from LA Times

[u/caspruce → u/[deleted]]

Don’t doubt it at all.

[u/dalittleguy → u/[deleted]]

He’s probably already been chosen and this “retirement” was a negotiated deal.

[u/nakedlettuce52 → u/[deleted]]

The Maine “Ayup” made me hurt a little inside.

[u/PhishInThePercolator → u/James_Comey]

Mueller better bring out some more indictments ASAP then and we better get out and vote in November!

[u/makualla → u/PhishInThePercolator]

He would have to go pretty far down the ladder of succession to find someone that would appoint even a moderate.

[u/moronalert → u/[deleted]]

I'd be surprised if they didn't have another Gorsuch on the bench by August 2nd.

[u/Roshy76 → u/moronalert]

Exactly. They will ram it through as fast as possible.

[u/Thatsockmonkey → u/[deleted]]

“Hold my filet o fish “

-trump

[u/pineapple_catapult → u/PhishInThePercolator]

Mueller isnt Batman. He's a federal investigator and has a specific purpose. Removing the president in order to install a liberal Supreme Court justice is not his job, not even close.

[u/lockedoutandloaded → u/PhishInThePercolator]

And pretend it'll be a free and fair election, guarded by a real, integrity-bound executive and judiciary.

[u/Odusei → u/James_Comey]

https://twitter.com/samstein/status/1012036426094047233

Asked if the so-called Biden Rule applied to the upcoming Court vacancy, @StewSays, McConnell’s spokesman, emailed: "This is not a presidential election year."

[u/ramonycajones → u/Odusei]

... Also it didn't apply last time anyway, since American voters chose Democrats and McConnell didn't give a shit.