The End of a Judicial Era
An Analysis of Kennedy’s Retirement and the Future of the Supreme Court
The Progressive Teen Staff Writer
The composition of the United States Supreme Court was changed this week, as Justice Anthony Kennedy announced his retirement. Kennedy, a notable swing vote for the Supreme Court, has had a storied career of 43 years in the federal judiciary, 30 of which were served on the Supreme Court. Throughout his tenure, Kennedy was a strong advocate for states’ rights, the First Amendment, and LGBT+ equality.
As Kennedy departs from the Court, Trump will be able to appoint a second Conservative justice to join Neil Gorsuch. From his initial picks of a list curated by the Heritage Foundation and the Federalist Society, Trump is searching for the anti-Kennedy, a justice that will prioritize religious liberty, which could have significant impacts on cases such as Roe v. Wade, the landmark case which struck down restrictive state limits on abortion, and Obergefell v. Hodges, which legalized same-sex marriage.
Beyond these fundamental legal issues, Trump is politically motivated to appoint a judge who leans significantly further to the right than Kennedy, as it would change the balance of the court. Currently, Justices Alito, Thomas, Roberts, Gorsuch represent the Conservative wing of the Court, and an additional Trump appointment could swing the pendulum of the Court to ultra-conservative, in which the justices would likely side with Trump on fundamental policy issues such as gun control, the travel ban, and the repeal of the Affordable Care Act.
The political jockeying of the Trump Administration surrounding the retirement of Kennedy has placed Senate Democrats in a difficult position. Without a majority, they cannot oppose the appointment of a new justice unless they’re able to incentivize a Republican Senator such as Susan Collins (R-NH), who claimed she would oppose nominees that would renege Roe v. Wade. For Democrats in swing states, such as Joe Manchin, Heidi Heitkamp, and Joe Donnelly, there is an equal motivation to confirm a nominee from Trump’s list which includes two women and one Asian-American. After all, this could help them shore up strength with existing constituencies, while inviting some Republicans to vote for them after confirming the justice. In both cases, the Democrats are fighting a losing battle to keep the court centrist, as relying on Republican or centrist Democrat Senators is far too volatile.
Trump has promised that he will deliver his nominee on July 9th, a date which could hold a historical gravitas for generations to come. Whomever Trump appoints, it is in the best interest of the United States that they learn from their predecessor, Anthony Kennedy, in searching for political balance and prioritizing the Constitution over political polarization in their decisions.
