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: 350070

Reported Deaths: 7590
CountyCasesDeaths
Hinds24512449
DeSoto23513283
Harrison21172335
Rankin15798293
Jackson15735254
Madison11171227
Lee10903180
Jones9223169
Forrest9027163
Lauderdale8087244
Lamar724890
Lowndes7199152
Lafayette6631125
Washington5661140
Pearl River5357154
Oktibbeha503198
Bolivar5004134
Warren4817128
Panola4812112
Marshall4739106
Pontotoc452473
Hancock440388
Neshoba4401181
Union438979
Monroe4369138
Lincoln4228116
Pike3739114
Leflore3676125
Alcorn355374
Tate354988
Sunflower351094
Adams347490
Scott346677
Yazoo342977
Copiah330869
Simpson327191
Itawamba317281
Coahoma315685
Tippah312869
Prentiss302563
Covington302384
Marion289882
Leake288676
Wayne280945
George277351
Grenada272188
Newton266864
Tishomingo240770
Winston238084
Stone235338
Jasper234748
Attala228674
Chickasaw221460
Holmes202574
Clay201954
Clarke189580
Tallahatchie185642
Calhoun183232
Smith183036
Yalobusha173641
Walthall150449
Lawrence145426
Greene141935
Amite139144
Noxubee137235
Perry136138
Montgomery133944
Carroll127031
Webster124332
Jefferson Davis119834
Tunica116127
Benton107825
Claiborne105931
Kemper104429
Humphreys102333
Franklin88424
Quitman86319
Choctaw83119
Wilkinson79332
Jefferson72228
Sharkey51918
Issaquena1746
Unassigned00

Alabama Coronavirus Cases

Cases: 592417

Reported Deaths: 11542
CountyCasesDeaths
Jefferson861091591
Mobile49771865
Madison37714533
Shelby27501259
Tuscaloosa27344465
Montgomery26343628
Baldwin25860329
Lee17336181
Calhoun15498334
Morgan15225291
Etowah15060370
Marshall13198236
Houston12191293
Elmore10977219
St. Clair10852252
Limestone10816158
Cullman10610206
Lauderdale10305254
DeKalb9594192
Talladega9005188
Walker7840288
Autauga7615114
Jackson7431117
Blount7417139
Colbert6752142
Coffee6443132
Dale5723117
Russell482243
Chilton4810117
Covington4804125
Franklin462781
Tallapoosa4571156
Escambia451083
Chambers3987125
Dallas3751163
Clarke372263
Marion3470107
Pike334079
Lawrence3277100
Winston300773
Bibb292865
Geneva288383
Marengo262967
Barbour253761
Pickens247762
Butler242472
Hale236778
Fayette228165
Henry216545
Monroe204541
Randolph202844
Cherokee200748
Washington186839
Macon171552
Crenshaw170658
Clay167159
Cleburne161845
Lamar151938
Lowndes146255
Wilcox132331
Bullock126542
Conecuh122132
Coosa119529
Perry111228
Sumter110633
Greene99337
Choctaw64425
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Thursday will start off once again in the unseasonably cool 60s. We will top off just a few degrees warmer on out Thursday, in comparison to our Wednesday. Most of the high temperatures will be in the lower 90s.
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