Justice Kennedy to Retire this Summer, according to Republican Senator (NYDailyNews article)

Varmint said:
Kennedy is the reason the SC won’t take 2A cases cause neither side is sure which way he’ll vote. Would rather lose a solid leftist but if we can replace him with a Scalia it’s ok.
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There are two likely factors, IMO.
  • Kennedy is a moderate. He was the swing vote in Heller, but it may be possible that he isn't a big fan of extending 2A further at this point. I don't think he was gung-ho for Heller; word is that Scalia had to add all of the language about not casting doubt upon "longstanding prohibitions" in order to attract his support. He leans pro-freedom but he is at his core pragmatic and averse to ideological rulings.
  • Roberts is an institutionalist. He may be reluctant to take on 2A cases out of worry that extending Heller would further politicize the judiciary and harm its influence in the long run. There is strong evidence this is why he upheld the Obamacare mandate under the Congress's tax power.
It takes four justices to grant certiorari, and Alito, Gorsuch, and Thomas are on record in dissents from denials or certiorari from anti-2A Circuit rulings. So both Kennedy and Roberts have been voting against taking on these cases.

Most likely, both factors are at work - Kennedy is squishy on how he would rule, and Roberts is squishy on whether he wants the court to take the cases right now. So it makes it an easy call for Roberts to vote against taking the cases up - avoid the controversy, avoid the potential bad precedential outcome from Kennedy going rogue.

If you replace Kennedy with a solid 2A advocate, you have four guaranteed votes to take up cert. And once they're forced to take up the case, it's hard to imagine Roberts not being on the right side.

Short version - Kennedy retiring could be huge for gun rights.
 
vickers said:
In another thread, I forget which one, someone said that one of the justices did not engage any law clerks for the next term and that is a tell that they will be retiring. Who it might be wasn't mentioned but if that report is true, then this may have some credibility.
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It was Kennedy.
 
Isn’t she now several years into pancreatic cancer?? A form of cancer that for most folks means a terminal condition fairly quickly..
 
headednorth said:
She'll never leave while Republicans have any sort of power to name her replacement. Next Dem in the White House, she'll retire and be replaced by a 38 year old Marxist.
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She will most certainly not make it into Trump's second term, nevermind past that. That guy, as crude as he can be, has delivered on many of his campaign promises and short of dying, I don't see any moonbat beating him nationwide this go round.
 
hv55maxx said:
She will most certainly not make it into Trump's second term, nevermind past that. That guy, as crude as he can be, has delivered on many of his campaign promises and short of dying, I don't see any moonbat beating him nationwide this go round.
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Never underestimate the irrational hate of the left. They will be out like never before.
 
Goliathan said:
Never underestimate the irrational hate of the left. They will be out stuffing ballot boxes like never before.
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FIFY

****

I think much if not most of the Trump hysteria is fabricated to shake the jar of ants. Watch for some serious shaking as the election nears.

s-f1830b3afd6ac94f02a4c82e2f7d2afe182219cc.gif
 
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Am I the only one that cringes when I read "Justice & Kennedy" in the same sentence...?
 

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