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                                                                                                 U.S. NEWS Thursday 28 June 2018
            Justice Kennedy retiring, giving Trump major high court pick




            Continued from Front         ity  Leader  Mitch  McCon-   of  the  landmark  federal
                                         nell  of  Kentucky  can  lose   Voting Rights Act.
            Without    Kennedy,    the  no  more  than  one  vote.  If   There  were  no  outward
            court will be split between  the  Senate  divides  50-50,   signs  that  Kennedy  was
            four  liberal  justices  who  Vice President Mike Pence   getting  ready  to  retire.  He
            were appointed by Demo-      could  break  a  tie  to  con-  had  hired  his  allotment  of
            cratic  presidents  and  four  firm the nominee.          four law clerks for the term
            conservatives  who  were  Prominent on the list of pos-   that begins in October and
            named  by  Republicans.  sible successors are Judges      he  is  planning  to  spend
            Trump’s  nominee,  likely  to  Thomas Hardiman of Penn-   part  of  the  summer  as  he
            give  the  conservatives  a  sylvania  and  William  Pryor   typically  does,  teaching
            solid  majority,  will  face  a  of Alabama, who were se-  a  law  school  class  in  Salz-
            Senate  confirmation  pro-   riously  considered  for  the   burg, Austria.
            cess  in  which  Republicans  seat  eventually  filled  by   But several former law clerks
            hold  the  slimmest  majority  Gorsuch,  and  Judge  Brett   have said that Kennedy, a
            but  Democrats  can’t  pre-  Kavanaugh, who serves on     nominee  of  President  Ron-
            vent  a  vote.  Trump’s  first  the  federal  appeals  court   ald  Reagan,  preferred  to   In this March 23, 2015, file photo, Supreme Court Associate Jus-
            high  court  nominee,  Neil  in   Washington.   Judges    be replaced by a Republi-    tice Anthony Kennedy testifies before a House Committee on
            Gorsuch, was confirmed in  Amy Coney Barrett, whom        can. If he had waited, and   Appropriations Subcommittee on Financial Services hearing on
            April  2017.  If  past  practice  Trump  named  to  the  fed-  if  Democrats  had  taken   Capitol Hill in Washington.
            is any indication, the presi-  eral  appeals  court  in  Chi-  control of the Senate in No-                                     Associated Press
            dent will name a nominee  cago, and Raymond Keth-         vember, Trump could have  firming Kennedy’s replace-      firmation  to  wipe  out  the
            within weeks, setting in mo-  ledge,  a  former  Kennedy   found it more difficult to get  ment  before  the  court  main delaying tactic for Su-
            tion  a  process  that  could  law  clerk  who  serves  on   his choice confirmed.     reconvenes  in  October.  preme Court nominees, the
            allow  confirmation  by  the  the  appeals  court  based   Few  obstacles  seem  to  Republicans  changed  the  filibuster, and the need for
            time the court reconvenes  in  Cincinnati,  also  may  be   stand  in  the  way  of  con-  rules during Gorsuch’s con-  60 votes to defeat it.q
            in early October.            considered.
            Trump already has a list of  Kavanaugh  is  a  longtime
            25 candidates — 24 judges  Washington  insider,  also
            and  Utah  Sen.  Mike  Lee  a  onetime  Kennedy  clerk
            —  and  has  said  he  would  and a key member of inde-
            choose  a  nominee  from  pendent  counsel  Kenneth
            that list.                   Starr’s team that produced
            Abortion is likely to be one  the  report  that  served  as
            of  the  flash  points  in  the  the  basis  for  President  Bill
            nomination  fight.  Kenne-   Clinton’s  impeachment.  In
            dy  has  mainly  supported  October,  Kavanaugh  dis-
            abortion  rights  in  his  time  sented when his court ruled
            on  the  court,  and  Trump  that a teenage migrant in
            has  made  clear  he  would  federal  custody  should  be
            try  to  choose  justices  who  able to obtain an abortion
            want to overturn the land-   immediately.
            mark  Roe  v.  Wade  deci-   Regardless  of  who  replac-
            sion. Such a dramatic ruling  es  him,  Kennedy’s  depar-
            may  not  be  immediately  ture will be a major change
            likely,  but  a  more  conser-  for  the  high  court,  where
            vative court might be more  he  has  been  the  crucial
            willing  to  sustain  abortion  swing vote for more than a
            restrictions.                decade. He has sided with
            “If Donald Trump, who has  the  liberal  justices  on  gay
            promised  to  overturn  Roe  rights  and  abortion  rights,
            v.  Wade,  picks  someone  as  well  as  some  cases  in-
            who  is  anti-choice,  the  fu-  volving  race,  the  death
            ture of Roe v. Wade is very  penalty  and  the  rights  of
            much  in  question,”  said  people  detained  without
            David  Cole, national  legal  charges  at  the  Guanta-
            director  for  the  American  namo Bay  naval  base. He
            Civil Liberties Union.       has  written  all  the  court’s
            Interest  groups  across  the  major  gay-rights  decisions,
            political  spectrum  are  ex-  including  the  2015  ruling
            pected to mobilize to sup-   that  declared  same-sex
            port and fight the nomina-   marriage is a constitutional
            tion because it is so likely to  right nationwide.
            push the court to the right.  However, he also has been
            Republicans currently hold  a key vote when conserva-
            a  bare  51-49  majority  in  tives  have  won  major  rul-
            the  Senate,  although  that  ings on the outcome of the
            includes  the  ailing  Sen.  2000  presidential  election
            John  McCain  of  Arizona.  in favor of George W. Bush,
            If  Democrats  stand  united  on gun rights, limiting regu-
            in  opposition  to  Trump’s  lation of campaign money
            choice,    Senate   Major-   and gutting a key provision
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