Posted on 07/06/2010 8:03:39 PM PDT by SeekAndFind
Increasingly, Justice Anthony Kennedy has become the most important member of the Supreme Court. After the retirement of Sandra Day O’Connor, Kennedy serves as the swing vote between the conservative and liberal blocs on the Court, siding more often with conservatives (but not often enough for their taste). At 74, though, Kennedy is at an age when most men think of retirement — and his departure would set off a political firestorm on Capitol Hill the likes of which haven’t been seen since Clarence Thomas endured his trial by fire in the Senate.
And maybe that’s why Kennedy tells close friends and relatives that he wants to wait a while before retiring … or perhaps it’s because of the man who would pick his successor:
Justice Kennedy, who turns 74 this month, has told relatives and friends he plans to stay on the high court for at least three more years – through the end of Obama’s first term, sources said.
That means Kennedy will be around to provide a fifth vote for the court’s conservative bloc through the 2012 presidential election. If Obama loses, Kennedy could retire and expect a Republican President to choose a conservative justice.
Kennedy, appointed by President Ronald Reagan, has been on the court 22 years. He has become a bit of a political nemesis at the White House for his increasing tendency to side with the court’s four rock-ribbed conservative justices.
In fact, as the New York Daily News implies, Kennedy may have made that decision after this year’s State of the Union address:
Without naming Kennedy, Obama was unusually critical of his majority opinion in the Citizens United case, handed down last January. That 5-4 decision struck down limits on contributions to political campaigns as an abridgement of free speech.
Obama called the ruling “a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power … in Washington to drown out the voices of everyday Americans.”
He was so angry that he took the unusual step of blasting the decision in his Jan. 27 State of the Union address, with Kennedy and five other justices looking on.
Obama certainly reveled in his prime-time, televised, cheap-shot attack at jurists who couldn’t fire back. Samuel Alito took fire from the media for having just mouthed a rebuttal. The only revenge any of them can take is to make sure that they stay in place until Obama leaves office. The “at least” part of the report almost certainly means that retirement at 80 may be just as possible as retirement at 76. After all, John Paul Stevens didn’t decide to retire until he was almost 90 years old.
Perhaps the timing is just a coincidence and Kennedy didn’t have plans to retire any earlier even prior to the 2008 election. However, this looks more like a quiet revenge, and a reminder to Obama that Kennedy will likely remain relevant longer than the President.
I’m thinking that someone should assure Justice Ginsberg that Obama will win a second term (with an even larger Democrat majority in the Senate). (Hey, it could happen, right?)
If someone else happens to win the Presidency and another party takes the Senate somehow in 2012, then she could leave the grand legacy of having the first female president (Sarah Palin) or at least a Republican name her replacement.
I'm betting it's Polonium poisoning...
God protect Justice Kennedy and his moderate unprincipled ass for another few years.
He would never do that. He is too much of an idealogue. He would do a recess appointment first, but before it got to that there would be all out war between the Washington establishment and media against the Republicans. Enough of them would probably cave that Obama would get someone at least equal to Ginsburg in her socialist, anti-constitutional tendencies.
The problem with Obama and people like him is they believe they are special. They never realize there is always someone better than they are.
I hope you’re wrong and the Pubs grow some balls after November.
That would be wonderful.
RE: 74 years old is a bit long in the tooth for being on the court.
Well, here’s the rest of the people in the SCOTUS we have to pray will stay healthy until we can vote Obama out of office :
Antonin Scalia ( age : 74 )
Clarence Thomas ( age : 62 )
Samuel Alito ( age : 60 )
John Roberts ( age : 55 )
The rest can leave or retire for all I care ( the sooner, the better ).
As I said... this Supreme Court ( and the future of this country ) is hanging by a thread.
You are making a huge assumption that any possible gains in the Senate by Republicans will mean a backbone will come with it. "Republican" and "backbone" hardly belong in the same sentence without the word "no" in between...
Remember - when Bush was in the WH, and Repubs still had the majority, they capitulated to the Dems on judicial nominees - with McLame leading the isle-crossing treason.
So even if the Repubs somehow gained a majority in the Senate, it would still be razor thin and they would be willing to capitulate to get anything done. Holding up an Obama-socialist nominee to anything isn't likely to happen.
Well, that’s a start.
He has the protection of the U.S. Marshals, which is the elite of the feds IMHO.... every other fed law enforcement agency completely respects them....I have worked with them and they’re made of good stock, much integrity....
He has the protection of the U.S. Marshals, which is the elite of the feds IMHO.... every other fed law enforcement agency completely respects them....I have worked with them and they’re made of good stock, much integrity....
I’m happy to take your word for it then. I’ll say extra prayers for our Marshals as well....
If it appears OBOZO will lose in 2012, I would expect Ruth Buzzi Ginsberg to step down and be replaced before the changes in Jan,2013.
ps: as a fellow Ohioian, love your screen name!
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