Supreme Court Justice Kennedy says he's retiring

Anthony Kennedy | Photo: MGN Online

Supreme Court Justice Anthony Kennedy says he's retiring; Trump to get 2nd high-court pick .

Posted: Jun 27, 2018 1:19 PM
Updated: Jun 27, 2018 2:55 PM

WASHINGTON (AP) — Supreme Court Justice Anthony Kennedy announced his retirement Wednesday, giving President Donald Trump the chance to cement conservative control of the high court.

The 81-year-old Kennedy said in a statement he is stepping down after more than 30 years on the court. A Republican appointee, he has held the key vote on such high-profile issues as abortion, affirmative action, gay rights, guns, campaign finance and voting rights.

Kennedy said he has informed his colleagues and Trump of his plans, and that his retirement will take effect at the end of July.

Without him, the court will be split between four liberal justices who were appointed by Democratic presidents and four conservatives who were named by Republicans. Trump's nominee is likely to give the conservatives a solid majority and will face a Senate process in which Republicans hold the slimmest majority, but Democrats can't delay confirmation.

Trump's first high court nominee, Justice Neil Gorsuch, was confirmed in April 2017. If past practice is any indication, Trump will name a nominee within weeks, setting in motion a process that could allow confirmation of a new justice by early August. Trump already has a list of 25 candidates — 24 judges and Utah Sen. Mike Lee — from which the White House has previously said he would choose a nominee.

Prominent on that list are Judges Thomas Hardiman of Pennsylvania and William Pryor of Alabama, seriously considered for the seat eventually filled by Justice Neil Gorsuch, and Judge Brett Kavanaugh, who serves on the federal appeals court in Washington, DC.

Kavanaugh is a longtime Washington insider, having served as a law clerk to Kennedy and then as a key member of independent counsel Kenneth Starr's team that produced the report that served as the basis for President Bill Clinton's impeachment. In October, Kavanaugh dissented when his court ruled that an undocumented teen in federal custody should be able to obtain an abortion immediately.

Abortion is likely to be one of the flash points in the nomination fight. Kennedy has mainly supported abortion rights in his time on the court, and Trump has made clear he would try to choose justices who want to overturn the landmark abortion rights case of Roe v. Wade. Such a dramatic step may not be immediately likely, but a more conservative court might be more willing to sustain abortion restrictions.

Interest groups across the political spectrum are expected to mobilize to support and fight the nomination because it is so likely to push the court to the right.

Republicans currently hold a bare 51-49 majority in the Senate, although that includes the ailing Sen. John McCain of Arizona. If Democrats stand united in opposition to Trump's choice, Senate Majority Leader Mitch McConnell of Kentucky can lose no more than one vote. If the Senate divides 50-50, Vice President Mike Pence could break a tie to confirm the nominee.

Regardless of who replaces him, Kennedy's departure will be a massive change for the high court, where he has been the crucial swing vote for more than a decade. He has sided with the liberal justices on gay rights and abortion rights, as well as some cases involving race, the death penalty and the rights of people detained without charges at the Guantanamo Bay naval base. He has written all the court's major gay-rights decisions, including the 2015 ruling that declared same-sex marriage is a constitutional right nationwide.

He also has been a key vote when conservatives have won major rulings on the outcome of the 2000 presidential election in favor of George W. Bush, gun rights, limiting regulation of campaign money and gutting a key provision of the landmark federal Voting Rights Act.

There were no outward signs that Kennedy was getting ready to retire. He had hired his allotment of four law clerks for the term that begins in October and he is planning to spend part of the summer as he typically does, teaching a law school class in Salzburg, Austria.

But several former law clerks said that Kennedy, a nominee of President Ronald Reagan, prefers to be replaced by a Republican. Control of the Senate is at stake in the November elections, and if Democrats capture the majority, Trump could find it difficult to get his choice confirmed.

Few obstacles seem to stand in the way of confirming Kennedy's replacement before the court reconvenes in October. Republicans changed the rules during Gorsuch's confirmation to wipe out the main delaying tactic for Supreme Court nominees, the filibuster, and the need for 60 votes to defeat it.

The other two older justices, Ruth Bader Ginsburg, 85, and Stephen Breyer, 79, are Democratic appointees who would not appear to be going anywhere during a Trump administration if they can help it.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 500709

Reported Deaths: 9977
CountyCasesDeaths
Harrison34312538
DeSoto32080403
Hinds31924627
Jackson24482379
Rankin21983390
Lee15530235
Madison14574280
Jones13838242
Forrest13447251
Lauderdale11985316
Lowndes11030188
Lamar10508135
Pearl River9503237
Lafayette8547139
Hancock7728126
Washington7422157
Oktibbeha7142131
Monroe6769176
Warren6682176
Pontotoc6659102
Neshoba6635206
Panola6520131
Marshall6462134
Bolivar6313148
Union602494
Pike5817152
Alcorn5667101
Lincoln5433135
George496779
Scott472698
Tippah469081
Prentiss466881
Leflore4657144
Itawamba4633105
Adams4586119
Tate4584110
Copiah448592
Simpson4445116
Yazoo443987
Wayne439772
Covington428794
Sunflower4237105
Marion4225108
Coahoma4159104
Leake408288
Newton381679
Grenada3706108
Stone359764
Tishomingo359692
Attala331489
Jasper329965
Winston314291
Clay307976
Chickasaw299667
Clarke292494
Calhoun279346
Holmes267887
Smith263850
Yalobusha233747
Tallahatchie227151
Greene219048
Walthall218763
Lawrence212440
Perry205356
Amite205155
Webster202746
Noxubee186640
Montgomery179656
Jefferson Davis171542
Carroll168838
Tunica159439
Benton148738
Kemper141941
Choctaw133426
Claiborne132437
Humphreys129238
Franklin120028
Quitman106428
Wilkinson105139
Jefferson94534
Sharkey64020
Issaquena1937
Unassigned00

Alabama Coronavirus Cases

Cases: 817054

Reported Deaths: 15320
CountyCasesDeaths
Jefferson1145501922
Mobile724601333
Madison52172694
Shelby37533348
Baldwin37192547
Tuscaloosa35044606
Montgomery34067734
Lee23195245
Calhoun22205476
Morgan20754376
Etowah19811497
Marshall18317302
Houston17345411
St. Clair15983339
Cullman15383292
Limestone15298198
Elmore15161284
Lauderdale14225294
Talladega13802276
DeKalb12622260
Walker11162369
Blount10162175
Autauga9954146
Jackson9844182
Coffee9195191
Dale8880185
Colbert8826201
Tallapoosa7071198
Escambia6764130
Covington6699183
Chilton6627161
Russell627959
Franklin5955105
Chambers5567142
Marion4982126
Dallas4936200
Clarke474583
Pike4722105
Geneva4566126
Winston4502103
Lawrence4296117
Bibb424086
Barbour356676
Marengo337789
Monroe331463
Randolph328763
Butler325696
Pickens315682
Henry311965
Hale311088
Cherokee301760
Fayette291879
Washington251351
Cleburne247360
Crenshaw244375
Clay241768
Macon232363
Lamar222047
Conecuh185853
Coosa179739
Lowndes174564
Wilcox167939
Bullock151644
Perry138340
Sumter132738
Greene126644
Choctaw88127
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Clear cool and dry to begin your weekend, but both afternoons should be a little bit above what we expect for this time of year temperature wise. Rain chances begin to return late Sunday night, with at least two chances for storms over the next week, summer could be strong.
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