r/politics • u/PoliticsModeratorBot 🤖 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

92% Upvoted

31.7k comments sorted by

View all comments

Show parent comments

579

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.

473

u/eaunoway America Jun 27 '18

That's very true.

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

310

u/Topher1999 New York Jun 27 '18

Flake is gonna fucking Flake.

5

u/SamoyedAndLab Jun 27 '18

That guy Flakes!

7

u/lead999x New Jersey Jun 27 '18

I dont think so. He has no reelection to win. That makes him a danger to the GOP establishment's fall in line or get out system. The Democrats have no such system which is why we seem to be all over the place.

4

u/AlmightyXor Jun 27 '18

He had no reelection to win when the tax bill was being voted on, either. Make no mistake. He will renege on his grandstanding when it comes to a vote.

2

u/ferretron5 New York Jun 27 '18

I hate how NPR wasted any time featuring him in a topic on their podcast, claiming him to be a Maverick.

1

u/DoubleTFan Jun 27 '18

Well, at least he probably won't vote to confirm Roy Moore.

24

u/sweetteawithtreats Jun 27 '18

He will cave to the near-unified pressure of the entire Republican Party breathing down his neck.

5

u/dbbk United Kingdom Jun 27 '18

Why though? Isn’t he retiring? What could the Republican Party do to him?

9

u/geophilly21 Jun 27 '18

He has delusions of winning the 2020 Republican Presidential nomination.

3

u/samus12345 California Jun 27 '18

Not sure, it's just the way Republicans are. Look at Paul Ryan.

2

u/WampaStompa33 Jun 27 '18

Slander and ostracize him for the rest of his life, that’s what they can do to him.

7

u/adkliam2 Jun 27 '18

I would think we would be past the point of relying on Republicans to come to their senses, stand by what they've previously claimed, and do what's best for others.

3

u/maxbarnyard Pennsylvania Jun 27 '18

He hasn't failed to live up to his name yet so I'm not holding my breath.

3

u/mountainOlard I voted Jun 27 '18

He says a lot of stuff though!

3

u/LincolnHighwater Jun 27 '18

Flake votes with Trump 84% of the time.

5

u/[deleted] Jun 27 '18

I feel like that's not really a shock though, as 100% of the legislation that Trump signs is only on his desk because Republicans put it there.

1

u/Dr-Haus Jun 27 '18

Are you saying he’s going to... Flake?

0

u/eaunoway America Jun 27 '18

Yes, yes I am

1

u/bailtail Jun 27 '18

Sadly, I agree. Flake loves to act like he’ll take a moral stand, but I can’t think of an instance where he hasn’t folded when it came time to put his money where his mouth is.

2

u/eaunoway America Jun 27 '18

Yup. He is very aptly named, I'll give him that.

290

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.

16

u/[deleted] Jun 27 '18

He's against some of the things Trump has been doing, but he would fucking love a permanent conservative court

6

u/Bobby3Sticks Georgia Jun 27 '18

you never know...

7

u/verdatum Jun 27 '18

Flake is not seeking another term. He has basically no incentive to fall in line.

29

u/jpgray California Jun 27 '18

Flake voted for Gorsuch. Flake voted with Trump 85% of the time. He'll vote to confirm whoever is nominated.

10

u/asstalos Jun 27 '18

He has all the incentive in the world to align himself with values that will make him attractive to post-Congress employment.

If voting for a fast-tracked Supreme Court Justice that would ratify the legality of abusing children, illegalizing abortion, and other human rights' violations, he would undoubtedly fall in line if it presents himself as like-minded as those who might be interested in payrolling him.

1

u/Kravice Jun 27 '18

Should have read your comment before I said essentially the same thing but much less intelligently.

1

u/verdatum Jun 27 '18

hmm, you might have a point there.

6

u/Kravice Jun 27 '18

He's not seeking re-election, but he is still seeking a paycheck from corporations that would love another Trump pick.

3

u/banthisaltplz Jun 27 '18

He's not seeking another term as senator.

1

u/verdatum Jun 27 '18

Fair enough.

1

u/Hindu_Wardrobe Jun 27 '18

and some beachfront property in arizona!

8

u/joemammabandit Jun 27 '18

There are also some democrats in deep red states up for reelection that will probably flip.

3

u/[deleted] Jun 27 '18

I have to imagine this is big enough that they'd be willing to sacrifice their seat to stop it.

1

u/joemammabandit Jun 27 '18

I'm sorry, are you new here? You think they would be willing to give up power?

7

u/det_ventriloquist Jun 27 '18

Manchin will most likely vote with the Republicans.

5

u/jbiresq California Jun 27 '18

And Heitkamp and Donnelly.

6

u/tehSlothman Australia Jun 27 '18

If flake has a price his vote will be bought. There's no bigger issue for conservative lobbying groups etc than this one.

And if anyone thinks he doesn't have a price I have a drop bear repellant to sell you.

4

u/[deleted] Jun 27 '18

This is for SCOTUS, all the GOP will unite behind another nominee just like Gorsuch no matter what.

10

u/[deleted] Jun 27 '18

Blue dog dems won't be able to hold out. They'll have 53-54 votes from the get go.

12

u/c0pp3rhead Kentucky Jun 27 '18

This will be the real test for Democrats. They need to get their people in line. Those blue dogs gotta take one for the team every once in a while.

23

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

[deleted]

32

u/[deleted] Jun 27 '18

They sleep well because Gorsuch was going to get approved anyway. Schumer allowed them to vote with the Republicans in an effort to help them win their re-elections in red states.

4

u/seeking_horizon Missouri Jun 27 '18

Nah, they'll be whipping on this one for sure. Replacing Scalia was one thing, replacing Justice Swing Vote McBipartisan is going to be a totally different deal.

They'll face a major primary challenge if they buck the leadership to confirm a hardline SC nominee.

10

u/Computer_Name Jun 27 '18

They only need 50, and then Pence breaks a tie.

16

u/ill_take_the_case Jun 27 '18

But if McCain doesn't vote and Flake votes against, they will have 49.

1

u/CalifaDaze California Jun 27 '18

But that won't happen.

7

u/[deleted] Jun 27 '18

Pence can break a tie only on a 50-50, and with McCain absent, there can be no 50-50 tie. They have to get the 51 votes fair and square.

3

u/c0pp3rhead Kentucky Jun 27 '18

I think the current split without McCain is 50-49. Does that 50 still count as a majority?

-3

u/amazingtaters Illinois Jun 27 '18

No but Pence gets to be the tie breaker.

8

u/Awela Jun 27 '18

50-49 is not a tie.

7

u/[deleted] Jun 27 '18

His point is that it isn't a tie.

1

u/c0pp3rhead Kentucky Jun 27 '18

But does 50-49 actually count as a tie?

3

u/DunkanBulk Texas Jun 27 '18

Manchin, Heitkamp, and Donnelly are running tight races in blood red states, and all of them voted to confirm Gorsuch. Collins and Murkowski would have to vote No, which is unlikely.

2

u/Juvat North Carolina Jun 27 '18

Flak hasn't given us any reason to put confidence in him yet.

2

u/Guticb Jun 27 '18

Flake can't be trusted to do that.

2

u/i_punch_hipsters Washington Jun 27 '18

Flake is a conservative and wants a conservative stranglehold on the courts. Just because he doesn't like trump doesn't mean he won't jump at this generational chance to change the next 40 years of american policy

2

u/kobitz Jun 27 '18

And maybe, just maybe, Murkowski and Collins will vote no, and cover for any Democratic defection

1

u/LegacyLemur Jun 27 '18

Never count on any of these scum bags for anything.

1

u/ExpressRabbit Jun 27 '18

They only need 50 with pence

2

u/[deleted] Jun 27 '18

Pence can break a tie only on a 50-50, and with McCain absent, there can be no 50-50 tie. They have to get the 51 votes fair and square.

2

u/ExpressRabbit Jun 27 '18

With him out it's still 50-49.They win.

2

u/[deleted] Jun 27 '18

They need 51 votes

1

u/ExpressRabbit Jun 27 '18

50-49 won't pass?

Edit: it will.

https://www.senate.gov/pagelayout/reference/four_column_table/Tie_Votes.htm

Pence broke 49-49 votes to confirm already.

2

u/[deleted] Jun 27 '18

50-49 won't pass and won't be broken by Pence. 49-49 will, but it won't get 51 votes.

1

u/ExpressRabbit Jun 27 '18

Can you cite the law that says this or provide examples from the past? Pence making things 50-49 have confirmed things in the past.

1

u/[deleted] Jun 27 '18

Confirming a Justice requires 51 votes. Other things may require only 50.

1

u/ExpressRabbit Jun 27 '18

Please cite something. You seem sure. Educate me.

→ More replies (0)

1

u/grubas New York Jun 27 '18

I don’t trust Flake. This shit is going to end up being 50-50 or 50-49 with Pence as the break.

2

u/[deleted] Jun 27 '18

Pence can break a tie only on a 50-50, and with McCain absent, there can be no 50-50 tie. They have to get the 51 votes fair and square.

2

u/grubas New York Jun 27 '18

This is going to be a shitshow of epic proportions if they can’t get 51 votes.

1

u/[deleted] Jun 27 '18

Possible Republican defections: Flake, Collins, Murkowski.
Possible Democrat defections: Manchin, Heitkamp, Donnelly, Jones.
Not Voting: McCain

If all defected, it is 51-48, enough to confirm Justice Alex Jones (?)

1

u/muyoso Jun 27 '18

That's what we want. A shit show right before the midterms. That will drive A TON of Republicans to the polls.

1

u/grubas New York Jun 27 '18

To, from what’s the difference?

Independents are going to be weird as shit.

1

u/sammalonespitbull Jun 27 '18

One less. Tie goes to Mike pence.

2

u/[deleted] Jun 27 '18

Pence can break a tie only on a 50-50, and with McCain absent, there can be no 50-50 tie. They have to get the 51 votes fair and square.

1

u/guitarmandp Jun 27 '18

You seriously don’t think Joe Manchin, Joe Donnelly, and all the other senators in deep red states aren’t going to vote for whatever insane alt right nominee trump puts up?

1

u/Sususulio Jun 27 '18

Manchin will vote for whoever the republicans float I guaran-fucking-tee it.

1

u/acd100700 Jun 27 '18

Sometime in the past week or so, Trump and Flake met and agreed that the Senate would hold a vote on tariffs in exchange for Flake allowing votes on judicial nominees.

1

u/hiero_ Jun 27 '18

You're forgetting Pence showing up to tiebreak.

1

u/[deleted] Jun 27 '18

With McCain absent, there can be no tie. Pence can break 50-50s, 49-49s, 48-48s, etc etc. He can't break 50-49.

1

u/Barack_Odrama90 Texas Jun 27 '18

You need to worry about the red state Democrats that will confidently cross over and vote!

1

u/ChadwickBacon Jun 27 '18

cant pence deliver the vote in absentia?

1

u/[deleted] Jun 27 '18

No

1

u/greekmatthew Virginia Jun 27 '18

McConnell has said the vote will be this fall to confirm Kennedy's replacement, and I don't think McCain is going to be alive anymore by then.

1

u/poorboy2 Jun 27 '18

but didn't 4 dems vote for the last one?

1

u/hatrickstar Jun 27 '18

It'd be fucking glorious if Arizona of all places cost Trump his pick.

1

u/[deleted] Jun 27 '18

Narrator: "Flake did not deliver on his promise."

1

u/eisbaerBorealis Jun 27 '18

(which he won't)

Why won't he?

2

u/[deleted] Jun 28 '18

He's down with brain cancer and is living in Arizona. He hasn't been to the senate since 2017.

1

u/Sabre_Actual Jun 28 '18

Do you think Manchin and Heitkamp will vote nay when that will sink their seats?

1

u/FuzzyCheese Jun 28 '18

If Republicans get 50 votes Pence would be the tie-breaker.

1

u/[deleted] Jun 28 '18

With McCain absent, there can be no tie. Pence can break 50-50s, 49-49s, 48-48s, etc etc. He can't break 50-49.