United States Supreme Court
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Post-Kennedy Supreme Court “Revolution” will likely not be what Liberals are saying.

 

United Supreme Court Associate Justice’s Anthony Kennedy’s retirement has sparked a near full-blown panic among progressives, Democrats, and others who for five decades have enjoyed the fruits of rule-by-judiciary on the nation’s most contested social issues.

 

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Tipping the Scales of Justice a little
– or a lot?
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Left-of-center commentators have proclaimed that Roe is dead, that Kennedy’s famous gay rights opinions and saving fifth vote for affirmative action are on life support, and that we are on the verge of a radical conservative constitutional revolution.

 

What has been repeatedly ignored, however, is that President Trump is now looking to name a replacement for a generally conservative swing vote for conservative Supreme Court rulings with a new conservative justice.

 

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Playing the Long Game or being gamed?
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In other words, a likely at best but modest move in the Supreme Court’s compass as compared to what might be possible in the future if President Trump is also able to replace one or both aging liberal Supreme Court Associate Justices – octogenarian Ruth Bader Ginsberg and near octogenarian Stephen Gerald Breyer. 

 

Should such opportunities arise, such could increasing the number of conservative judges from a slim majority of five to a six or more and thus stronger conservative majority.

 

On the other hand, one must remember that right of center and thus conservative President Dwight David Eisenhower forever regretted appointing perceived to be law and order conservative California Governor Earl Warren as Chief Justice of the Supreme Court as Warren turned out to be one of the Supreme Court’s most activist chief justices.

Source: The Post-Kennedy ‘Revolution’ Won’t Be What Liberals Think

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