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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDid Anthony Kennedy Just Destroy His Own Legacy?
17 legal thinkers argue about why the retiring justice matteredand what his exit could mean for his most consequential decisions.
By POLITICO MAGAZINE June 27, 2018
Like the many controversial Supreme Court decisions for which he provided the decisive fifth vote, the resignation of Anthony Kennedy on the final day of the courts term has sparked a fierce debate over his legal legacy and the possibility it will be overshadowed by a bitter partisan fight over his successor.
Kennedy, the 81-year-old jurist known as the sphinx of Sacramento, authored landmark decisions that enshrined gay rights and redefined campaign donations as free speech, enraging and thrilling both ends of the political spectrum. But it was his tendency over a 30-year career on the Supreme Court to operate in the fraught territory between ideological poles that earned him a reputation as the courts most consequential swing vote. Now, its the timing of his departure, which has handed the president an opportunity to replace him only months before highly consequential midterm elections, that some observers suggest might be the decision of Kennedys with the most historic consequence.
He was more liberal on social issues than conservatives might have expected when he was nominated by Ronald Reagan in 1988. But the prospect of a court stocked with five unwavering conservatives has legal scholars wondering aloud whether the Kennedy votes seen as most historically importantby liberals, but also by Kennedy himselfwill survive much longer. The right of gays to marry, of women to terminate a pregnancy, of public universities to use race as a factor in admissions all may be operating on borrowed time.
So why did Kennedy matter? And will his legacy survive? We asked 17 top legal thinkers what Kennedys real legacy will be. Some say it might be transient. As one of our contributors put it, His views of constitutional law on those topics are unlikely to outlive him.
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https://www.politico.com/magazine/story/2018/06/27/anthony-kennedy-legacy-supreme-court-218900
TomSlick
(11,150 posts)He hired law clerks, which he would not have done if he was planning to retire. SOCTUS justices usually step down effective upon confirmation of their replacement.
Something has made him change his mind and move quickly. I have two theories, one of which seems improbable. The other is that Kennedy is seriously ill.
RockRaven
(15,097 posts)or might not. This year, for the first time in his tenure as the "swing vote" (i.e. since O'Connor retired), Kennedy didn't side with the liberal wing in a single 5-4 decision (19 total, 15 decided in the conservative way, 4 the liberal way). All 5-4 decisions where he was in the majority, he did so on the conservative side.
The analyst noted it in the context of saying that compared to his other years on the court, Kennedy wasn't a driving force and seemed to be taking a back seat or phoning it in. He doesn't even need to be terminally ill, maybe he's just losing his edge in either energy or wits and doesn't want to struggle with that in the public venue that is SCOTUS.
unblock
(52,503 posts)With a hardcore fascist replacement, they'll take up Cases Kennedy might not have wanted decided.
unblock
(52,503 posts)Baitball Blogger
(46,780 posts)investigation through Donald Trump, Jr.
He probably doesn't want to be on that bench when Trump sets the Constitutional Crisis in play. Remember, Trump is going to pardon himself, and that will need to make it through the higher court.
RockRaven
(15,097 posts)In several words, "no, what legacy?"
bluestarone
(17,128 posts)If he has a medical problem! That would be totally different situation.
EndGOPPropaganda
(1,117 posts)Kennedy blew up his legacy when he let the Fed Soc billionaire funded right wing group cozy up to him.
Kennedys son is a Fed Soc higher up.
And Kennedys kids are tight with Don Jr and Ivanka.
Kennedy has attended events at the Trump White House with his son.
Kennedy is nothing but a GOP partisan. And now hes demonstrating that.
njhoneybadger
(3,910 posts)C_U_L8R
(45,040 posts)I wonder why.
Snackshack
(2,541 posts)I could understand him not wanting to go another 2yrs if Dems do not win a majority in Nov but he could have at least waited until after the midterms to announce.
There is no way republicans do as Schumer civilly asked and wait until after mid terms to nominate. They are going to move as fast as they can to get this done. As for his legacy on decisions that upheld or set precedent for progressive issues mentioned above they are going to be slowly over turned one by one.
NCTraveler
(30,481 posts)With a conservative record. Put in place by a conservative.
And he steps down at 81 with a Republican President.
Kennedy is being painted, by us, as someone he is not.