June 29, 2018
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15:53Now PlayingWith Justice Anthony Kennedy's announcement of his retirement from the Supreme Court of the United States, it looks like Donald Trump is about to ensure the worst Supreme Court in recent memory. Ian Millhiser and joins Sam Seder and the Majority Report crew to discuss this.
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---Like the many controversial Supreme Court decisions for which he provided the decisive fifth vote, the resignation of Anthony Kennedy on the final day of the court’s term has sparked a fierce debate over his legal legacy and the possibility it will be overshadowed by a bitter partisan fight over his successor.
Kennedy, the 81-year-old jurist known as “the sphinx of Sacramento,” authored landmark decisions that enshrined gay rights and redefined campaign donations as free speech, enraging and thrilling both ends of the political spectrum. But it was his tendency over a 30-year career on the Supreme Court to operate in the fraught territory between ideological poles that earned him a reputation as the court’s most consequential swing vote. Now, it’s the timing of his departure, which has handed the president an opportunity to replace him only months before highly consequential midterm elections, that some observers suggest might be the decision of Kennedy’s with the most historic consequence.
He was more liberal on social issues than conservatives might have expected when he was nominated by Ronald Reagan in 1988. But the prospect of a court stocked with five unwavering conservatives has legal scholars wondering aloud whether the Kennedy votes seen as most historically important—by liberals, but also by Kennedy himself—will survive much longer. The right of gays to marry, of women to terminate a pregnancy, of public universities to use race as a factor in admissions all may be operating on borrowed time.---
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