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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