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Conservatives See a Lesson for the Left in Kennedy

'Those who live by the courts die by the courts,' writes the Weekly Standard
By John Johnson,  Newser Staff
Posted Jun 28, 2018 10:05 AM CDT
Supreme Court Justice Anthony M. Kennedy.   (AP Photo/J. Scott Applewhite, File)

(Newser) – The fallout from Anthony Kennedy's bombshell decision to retire from the Supreme Court continues to resonate, with President Trump saying he's "honored" that Kennedy has given him an opportunity to pick a successor. Of course, getting him confirmed is another issue, and the Hill digs into the political logistics in the Senate. Republicans have the numbers, but two wild cards are Sens. Susan Collins of Maine and Lisa Murkowski of Alaska, both of whom support abortion rights and will likely have a big say in who comes next.

  • A remedy: At Vox, Ezra Klein writes that both parties are guilty of turning the nomination process into an "insane" one, given the stakes. At this point, if one party held the White House and the other the Senate, it's unlikely any nominee would be confirmed. His solution? Reduce the stakes by limiting justices to 10-year terms.
  • A big percentage: The Washington Post picks out five times Kennedy cast the deciding vote on big issues, on everything from backing abortion rights to supporting gay rights to curtailing the death penalty. The story notes that of the 276 majority opinions written by Kennedy, 92 came in 5-4 decisions.

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