TTAG Daily Digest – Schadenfreudelicious Edition

America after Anthony Kennedy

Let the mourning begin . . .

With Kennedy gone, the Court’s decisions on issues where he’s a down-the-line conservative — like campaign finance and corruption, most business regulation and voting cases, gun rights, religious liberty, etc. — likely won’t change. There’s already a 5-4 conservative majority on those, so conservative rulings like the ones Kennedy wrote or joined in DC v. Heller, Citizens United, or Hobby Lobby will continue apace.

What will change are rulings on issues where Kennedy has helped maintain a shaky 5-4 center-left consensus. Because of the court’s longstanding principle of stare decisis, or obeying past precedent barring a compelling reason not to do so, some liberal Court achievements are likely to stay.

Justice Anthony Kennedy Is Retiring

Kennedy’s decision to retire gives Trump the opportunity to move the court farther to the right. He’s been angling for the opportunity for many months, randomly releasing an updated “short list” of 25 potential nominees in November. Among the leading contenders to replace Kennedy is Brett Kavanaugh, a former Kennedy clerk and judge on the DC Circuit Court of Appeals, a court that has been the stepping stone for three sitting Supreme Court justices. Appointed by President George W. Bush, Kavanaugh earned his spot on the DC Circuit after working for Ken Starr investigating President Bill Clinton’s relationship with intern Monica Lewinsky and preparing an impeachment case against Clinton. At 53, Kavanaugh is, like Gorsuch, young enough to influence the court for decades to come.

Why a second supreme court pick for Trump is liberals’ worst nightmare

While it is not unusual for presidents to appoint supreme court justices with similar ideological leanings, Trump’s comments all but reinforced that he is unlikely to nominate a consensus pick if provided the opportunity. In November, the president updated his shortlist of candidates for a hypothetical vacancy, adding to a roster of proven judicial conservatives.

Literally just a bunch of tweets from people who have given up on America

In a stunning development, Supreme Court Justice Anthony Kennedy announced his impending retirement from the nation’s highest court on Wednesday. His retirement will be effective at the end of July, throwing a large portion of the country into despair at the the thought of Donald Trump getting a second SCOTUS nomination.