Something that hasn’t gotten much, if any, coverage in the media has to do with what prompted Justice Anthony Kennedy to retire now?
It’s less than 2 years into President Trump’s tenure, and Kennedy is happy to walk away now?
If the pundits and the talking heads are all right, shouldn’t have Kennedy decided to resign during the Obama era?
Or maybe, just maybe, the liberal media is wrong about President Trump and a center-right (though sometimes left) judge like Justice Kennedy actually believes Trump is more trustworthy than Obama was when it comes to deciding the makeup of the Supreme Court.
Liberal law professor Jonathan Turley believes that Trump’s appointment of Neil Gorsuch to the Supreme Court gave Kennedy the confidence he needed to step away from the Court.
Turley added that the President will be hard-pressed to find a judge as perfect as Gorsuch this time around, but the fact that he chose Gorsuch in the first place proves that he’s serious about the process.
I think President Trump wants to get another nominee in the same mold as Neil Gorsuch. I testified in favor of Neil Gorsuch in the Senate Judiciary Committee because I considered him an intellect of the first order. I thought that President Trump did indeed find somebody who legitimately could go to that Court and contribute in a major way.
It’s going to be hard to follow that home run, quite frankly. But I think that is what really prompted Justice Kennedy to retire. I think there was a certain comfort factor in the selection of Neil Gorsuch. And I think that Kennedy wanted to spend a year with his former clerk on the Court. But it’s now time to leave and I think he’s comfortable doing that…
As you know what we are about to see is a time-honored performance of kabuki. It occurs on Capitol Hill with every confirmation of hearing. Roe v. Wade will once again loom greatly over the hearings. Nominees are likely to refuse to answer questions about Roe v. Wade. They will cite ironically a rule created by the Democrats called the ‘Ginsburg rule.’ And that rule was stated by Joe Biden when he was chairman and he said that the nominee, in that case, Ruth Bader Ginsburg, would not be required to give her answer to how she would rule on an issue that might come before her. Well since this is a discretionary court, most anything could become before her.
And so the Ginsburg rule has been used since then, and it will be used again. And so we will see what will happen. The worst argument that I have seen put forward was advanced by a couple of Senators and even a couple of academics. They said because of the Mueller investigation, it simply is improper for the president to nominate anyone. That argument I think is historically, unconstitutionally unfounded. There is no support for that. President Trump has every right to make this nomination.
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