archive

After Anthony Kennedy

The conservative revolution: Kennedy’s retirement caps a half-century transformation of the court. It took conservatives 50 years to get a reliable majority on the Supreme Court — here are 3 reasons why. What the new Supreme Court will decide: With Justice Kennedy gone, here’s a preview of the cases the newly conservative court already has on its docket. Constitutional law is about to get an overhaul. A new Lochner era: In the early 20th century, the Supreme Court systematically gutted regulations to favor business and attack organized labor — those dark days have returned. Anthony Kennedy, you are a total disgrace to America: No one expected Kennedy to allow Donald Trump to pick his successor but he has — and it should forever taint his legacy as a jurist.

America after Anthony Kennedy: What Kennedy’s departure would mean for abortion, gay rights, and more. What happens if the Trumpified Supremes overturn Roe and Obergefell. What does Anthony Kennedy’s retirement mean for Roe v. Wade? If Roe v. Wade goes, no woman’s body will be her own. Though Roe changed the landscape of reproductive rights, fundamentally altering the modern perception of a woman’s bodily autonomy, its promise was always just as much fiction as reality. The woman who argued Roe v. Wade on Kennedy retiring: “We thought we had won this”.

Jonathan Swan goes inside the Democratic strategy to oppose Trump’s Supreme Court pick. There can be no resistance without obstruction and impeachment: The debate over what to do about Kennedy misses the forest for the trees. Robert Mueller must finish investigating before Trump gets his Supreme Court pick. Paul Schiff Berman on a better reason to delay Kennedy’s replacement: Presidents under the cloud of investigation should not get to pick the judges who may preside over their cases. Thread: “A president under investigation for impeachment has never appointed a Justice. Not Nixon, not Clinton, not Andrew Johnson. Never. Democrats should make clear that if the GOP destroys this tradition, they will expand the Court to 15 in 2021 without filibuster”.

“Trump ‘wants to see a portfolio of solid academic writing’ from his SCOTUS nominee, though an adviser ‘acknowledged Trump does not care to read it; he simply wants to know it exists’”.