Justice Kennedy retired today just as Professor Rick Hasen predicted. Over the coming days, there will be in-depth retrospectives, homages, denunciations, and predictions.
But today, let’s just survey the instant reactions from legal Twitter, including our own off-the-cuff thoughts.
Fun fact: By the fall, four Supreme Court justices — almost half the Court — will have been picked by Presidents who entered office after losing the popular vote. pic.twitter.com/5LRrY1erYj
— Joe Patrice (@JosephPatrice) June 27, 2018
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i always vowed i'd only do one of these in truly dire circumstances pic.twitter.com/nV3plON3KL
— Alan Scherstuhl (@studiesincrap) June 27, 2018
“The Supreme Court will now fall to chaos”: Joshua Matz has this essay online at The Washington Post. https://t.co/0eYRiD2LGQ
— Howard Bashman (@howappealing) June 27, 2018
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Anthony Kennedy has now cemented his legacy. Not as a “centrist” or “swing vote.” As a partisan Republican who single-handedly blew up the campaign finance system, dissembled about his desire to deal with partisan gerrymandering. And, as dessert, devastated the Voting Rights Act.
— Norman Ornstein (@NormOrnstein) June 27, 2018
Reposting my piece on court packing. Seems timely. https://t.co/m9dGSEWC3x
— Elie Mystal (@ElieNYC) June 27, 2018
https://twitter.com/JHWeissmann/status/1012052403389128704
Some real momentum for this idea.
Meet the “orphaned” #SCOTUS clerks hired by Justice Kennedy for 2018-2019 (& don’t feel too bad for them; this post explains what will likely happen to them). Note that this post was from December 2017. #AppellateTwitter – https://t.co/E0eaZaeWVR
— David Lat (@DavidLat) June 27, 2018
A good point. There are some clerks out there who really thought they had a job next year.
https://twitter.com/imillhiser/status/1012033875466506253
One piece of news (albeit expected news) already: Federalist Society EVP Leonard Leo will once again be serving as an outside advisor to Trump on the #SCOTUS seat, a role he played last year for Gorsuch; he's taking a leave of absence from FedSoc https://t.co/o9kMhjwUwh
— Zoe Tillman (@ZoeTillman) June 27, 2018
Obviously.
DO YOU WANT TO BE A SUPREME COURT JUSTICE? pic.twitter.com/CNDLtiH8hF
— Forum Non (@ForumNon) June 27, 2018
Well, he’s young enough for FedSoc.
How’s this for a totally uninformed, irresponsible prediction:
Sixth Circuit Judge Amul Thapar will be President Trump’s nominee to replace Justice Kennedy.
— Steve Vladeck (@steve_vladeck) June 27, 2018
https://twitter.com/PeterJGregory/status/1012050802653974529
A woman on the street just yelled “SHIT!!!” then looked up from her phone and said “that wasn’t directed at you. It’s just, the Supreme Court…" and a woman standing next to her simply nodded.
— Isaac Fitzgerald (@IsaacFitzgerald) June 27, 2018
There is a very real chance that Anthony Kennedy's retirement will allow the Supreme Court to overturn marriage equality, dashing the centerpiece of his legacy: https://t.co/TQ3oBrZJBK @Slate
— Mark Joseph Stern (@mjs_DC) June 27, 2018
Yes, Masterpiece and retiring now are a weird coda, but Justice Kennedy is going to be remembered for expanding #LGBT rights (Windsor and Obergefell, and Lawrence before that). #SCOTUS
— Michelle Olsen (@AppellateDaily) June 27, 2018
Will it? I’m highly doubtful. I predict the LGBTQ community will increasingly embrace the fact that RBG, Breyer, Kagan, and Sotomayor had their backs and respected their rights consistently and some other guy happened to sign the opinion.
He will be relegated to the dustbin by that community. And, given how this is shaking out, rightfully so.
I guess we are going to finally test that old theory that if Roe v. Wade were overturned, it would lead to a profound political mobilization of women that will pass stronger, more durable legislation protecting reproductive rights.
— Adam Winkler (@adamwinkler) June 27, 2018
Call me skeptical.
— Adam Winkler (@adamwinkler) June 27, 2018
Yeah we have a LOT to discuss https://t.co/TdueWOAIux
— Rick Hasen (@rickhasen) June 27, 2018
ACS Con should be fun.
Yes – with filibusters and blue slips gone and a Senate majority, Republicans can’t be “Garlanded.” (Also Dems can’t flee D.C. to deny quorum, just 51 votes needed.) #SCOTUS #AppellateTwitter https://t.co/uQgeaEVBla
— David Lat (@DavidLat) June 27, 2018
My @SenateGOP colleagues should follow the rule they set in 2016 not to consider a SCOTUS nominee in an election year. Sen McConnell would tell anyone who listened that the Senate had the right to advise & consent, & that was every bit as important as POTUS’ right to nominate.
— Chuck Schumer (@SenSchumer) June 27, 2018
Yeah, they won’t.
Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.