Supreme Court Justice Kennedy Retires; Two Georgians On Replacement List

This afternoon, Supreme Court Associate Justice Anthony Kennedy announced his retirement after the court concluded it’s term. Senate Majority Leader Mitch McConnell has already stated that he looks forward to having a replacement nominee confirmed this fall. The Supreme Court begins its next term in October, so presumably, there will be no effective vacancy.

President Trump said in an afternoon press gaggle with the President of Portugal that he would pick a justice from his previously released list. You can find that list of 25 potential nominees on Jamie DuPree’s blog, as I did, or from the White House web site.

Two Georgians are on the list, both current Supreme Court Justices. Justices Keith Blackwell and Britt Grant give Georgia the chance to pick up another of the nine lifetime appointments, joining Justice Clarence Thomas of Pinpoint, Georgia. Justice Grant’s nomination to the federal bench is pending a hold placed by Senator Jeff Flake of AZ, over issues not related directly to her.

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Caroline
Caroline

Are they going to follow the McConnell rule where you can’t place someone on the supreme court in an election year?

alpha male
alpha male

Nope. But we will be following the Harry Reid rule. Thanks Harry!

atlindy
atlindy

Presidential election.

Noway2016
Noway2016

At least try to be accurate, Carolina. It’s in the last year of the final presidential term. Good try…

Noway2016
Noway2016

To further clarify: in a prez election year! Not a midterm.

Caroline
Noway2016
Noway2016
Noway2016

I bleve it’s actually referred to as……The Biden Rule.

Caroline
Caroline

Haha. So you’re moving the goal posts to Biden. LOL. Biden is retired and McConnell is the senate majority leader.
But you prove over and over that facts are not your strong point.

bethebalance
bethebalance

“Facts are not your strong point.”

More accurately, facts are not important to Noway at all.

atlindy
atlindy

No moving the goalposts. He always did say presidential election. He deserves all the credit. He said that the Supreme Court seat should be decided by the voters in the presidential election. Both Clinton and Trump campaigned on getting the ability to fill that seat, and Trump won. Worked like a charm. Lots of Republican voters who disliked Trump’s character, temperament and qualifications and more still who had real disagreements on policy issues who would have otherwise stayed home – GOP turnout was terrible in 2012 because of Bush 2.0 or actually 3.0 wait I mean Romney – showed up… Read more »

Caroline
Caroline

So you don’t think we can have a midterm deciding whether someone under criminal investigation should put someone on the supreme court for a lifetime? McConnell said election. He’s now weaseling saying presidential election. Actually the GOP is in trouble with regards to the senate due to Trump’s sliding poll numbers. A year ago that was the story but it is not the current story. A year ago McCaskill was supposed to be in trouble and now she’s looking like she’s going to be fine. With Rick Scott the nominee in Florida and he is running fast from Trump it’s… Read more »

Lawton Sack
Lawton Sack

Casey Cagle: “President Trump has already gotten it right with Justice Gorsuch who played a critical role in delivering conservative decisions this term. I’m proud to have supported and worked for President Trump so that he – not Hillary Clinton – would have the ability to nominate justices whose decisions directly affect Americans every day – from our personal freedoms to our state’s water rights. President Trump will now be able to nominate a justice who can represent our conservative values, and I encourage him to look to Georgia for a deep bench of brilliant, experienced and conservative jurists –… Read more »

Caroline
Caroline

Good lord. That sounds like a statement right out of the Handmaid’s Tale.

atlindy
atlindy

Abortion was illegal in nearly all states until 1972. Yet somehow America was decidedly not a Handmaid’s Tale – style dystopia for women back then. Similarly, abortion was illegal in Ireland until, like, last month. Not exactly a Handmaid’s Tale regime there either. But if you are a hammer, everything looks like a nail, which means that if you are a progressive – which is distinct from the traditional liberals that used to populate the Democratic Party, including the very liberal ones like George McGovern and Ted Kennedy – everyone to your right is a fascist. Even if they adhere… Read more »

Caroline
Caroline

Dude, women couldn’t get credit by themselves. You could be denied access to a college because you were female. You would be fired or made to quit if you got pregnant. In many states women could not serve on juries. Many women were denied birth control. Equal pay for equal work was thought of as nonsense. My mother in law had to go before a medical board to get approval to get a tubal litigation done after already having 4 children. The problem is not abortion per se so much as apparently conservatives do not think that women should be… Read more »

Noway2016
Noway2016

“Tubal litigation “? Lololol! Tell me, Carolina, is that in front of a judge or a jury! I do bleve you mean “tubal ligation!” You are just eaten up with stupid!! Lord!!!!

atlindy
atlindy

Your first paragraph is 100% accurate. Yet that – and more still – fall extremely short of Handmaid’s Tale, Game of Thrones or any other female dystopia depicted by feminist literature. “The problem is not abortion per se so much as apparently conservatives do not think that women should be making that decision much like long ago they though women shouldn’t serve on juries for the same reason.” No. Only a tiny percentage of the anti-abortion movement feels this way. The vast majority of the anti-abortion movement sincerely believes that life begins prior to birth and human actions to end… Read more »

Caroline
Caroline

Yes, I’m sure some believe it is murder but by their standard a physician that drops a tray of embryos in the lab is a mass murderer. They attempt to conflate a 8 week pregnancy with a 2 year old. It’s the same thing Roy Moore did by trying to equate a 14 year old with a grown woman. It is not about tax dollars but frankly why do conservatives feel that they are so special that they get to demand their tax money not go to things they find offensive when there are plenty of people who find other… Read more »

atlindy
atlindy

@Caroline: It isn’t that SOME believe that it is analogous to murder. Nearly all honestly, sincerely do. Progressives skirt around this fact because it is easier to believe that your opponent is a bad person than to acknowledge that they have a sincere difference of opinion that is honestly arrived at and supported by solid philosophical and moral underpinnings as well as science. Honestly, people who insist that folks who oppose abortion are motivated by a desire to keep women in the kitchen and out of the boardroom are no different from their analogues on the right who claim that… Read more »

Andrew C. Pope
Andrew C. Pope

Progressives skirt around this fact because it is easier to believe that your opponent is a bad person than to acknowledge that they have a sincere difference of opinion that is honestly arrived at and supported by solid philosophical and moral underpinnings as well as science My religion says that life begins at birth, not at conception. What makes your opinions on abortion more important than mine or my wife’s? Are our opinions not sincerely held or honestly arrived at? So many folks who approach this issue from the anti-abortion side focus on the woman as a sinner or as… Read more »

atlindy
atlindy

@Andrew C. Pope: “My religion says that life begins at birth, not at conception. What makes your opinions on abortion more important than mine or my wife’s? Are our opinions not sincerely held or honestly arrived at? … So let’s not act like their opinions on the subject, and the opinions of pro-choice women, aren’t also sincerely held and honestly arrived at.” Sigh. You are both smarter and better than this. So why do you choose to suspend this reality and pretend as if you aren’t? You know fully well that I never claimed that pro-choice people don’t have the… Read more »

Andrew C. Pope
Andrew C. Pope

I only stated that pro-choice people often falsely claim that pro-lifers aren’t sincere in their convictions

So we’re in agreement that straw menarguments are a lazy and intellectually dishonest form of argument? Glad to finally have you come around to that position.

atlindy
atlindy

@Andrew C. Pope:

Show me where I have attacked the motivations and characters of abortion rights supporters the way that you and Caroline have done the same with respect to abortion opponents. If you can, I will gladly apologize. But you cannot because I have not. So you attack me personally instead. You are far better and more capable than this, yet you choose not to act like it.

Andrew C. Pope
Andrew C. Pope

Show me where I have attacked the motivations and characters of abortion rights supporters ahem… “Progressives skirt around this fact because it is easier to believe that your opponent is a bad person.” My point wasn’t that you’re “attacking” the motivations of the pro-choice contingent. My point was that 99% of your posts arise out of straw men you’ve constructed because you’d rather argue against that than take the time to understand the actual policy positions of the other side. The fact that you’re often wrong in both the facts you argue with (see yesterday’s post about Republicans “easily winning”… Read more »

The Eiger
The Eiger

I’d like to jump into this discussion, but have too many things on my plate today to get caught up in an argument where no one will ever be convinced to change their mind.

Everyone knows that I have not been the biggest supporter of Trump, but when he puts another good justice on the supreme court I’ll give him a little golf clap. Until he sticks his foot in his mouth ten minutes later.

Andrew C. Pope
Andrew C. Pope

Eiger, this ain’t an argument. I’m paying you compliments. I miss having an intelligent Republican around here.

The Eiger
The Eiger

I appreciate the comment and honestly miss chatting with you. Now that I’m back in Atlanta we honestly should try to meet.

I used to be a young ass as well and realized the other side isn’t evil. They just have a different thought process with different life experiences. I haven’t changed what I believed in. I’m just more willing to listen than I use to be.

Caroline
Caroline

People who support pedophiles shouldn’t call anybody “stupid” Silly boy you’re more concerned with bad spelling than the facts of course.

atlindy
atlindy

@Caroline:

Noway has his flaws but supporting Roy Moore was not one of them.

Andrew C. Pope
Andrew C. Pope

Bruh. I saw your comment about Republicans “easily winning” majorities of Latino voters in Texas and Florida and said “nah, no way he could be more wrong than this.”

You just outdid yourself. Noway was bathing in Roy Moore’s sweat, that’s how into Molesty McMolestface he was.

Noway2016
Noway2016

Ummmm, Sniv, you say that your “religion ” says life begins at birth? What particular Faith is that? So, a baby who moves and has a heartbeat 24 hours prior to delivery isn’t alive? Wow!

Andrew C. Pope
Andrew C. Pope

Under Jewish law, a fetus isn’t considered a full person until birth. There are parts of the Talmud that consider the fetus to be a part of the mother throughout pregnancy. The position of Judaism is way too nuanced to set out here (and, if we’re being honest, I don’t have any faith in your ability to approach this matter with sincerity).

Noway2016
Noway2016

So, are abortion rates higher as a percentage amongst the Jewish faith than, say, Protestants?

Andrew C. Pope
Andrew C. Pope

Exactly why I shouldn’t have responded to a guy who used quotation marks around the word religion when asking a question about Judaism.

Andrew C. Pope
Andrew C. Pope

This is what I found with some cursory research:
https://www.guttmacher.org/report/characteristics-us-abortion-patients-2014

Many abortion patients reported a religious affiliation—24% were Catholic, 17% were mainline Protestant, 13% were evangelical Protestant and 8% identified with some other religion. Thirty-eight percent of patients had no religious affiliation.

bethebalance
bethebalance

The Talmud- if I remember right- actually states not only that the fetus is less than a full life until birth, but that the fetus is a thief of resources, and can be treated as such by the mother. Which actually aligns with the science on how a placenta aggressively attaches and takes resources. But I happen to differ on this issue, and to paraphrase a saying, you might be able to find three Jews and five opinions on the matter. Or is it seven? Now that I think about it, I wonder if someone with that Talmudic belief could… Read more »

bethebalance
bethebalance

^ In a state with RFRA protection, of course.
God, that Edit button was great.

Andrew C. Pope
Andrew C. Pope

I’m proud to have supported and worked for President Trump

Did Cagle help Trump tie his shoes?

Nefarious
Nefarious

As a gay man, my rights are in peril if an anti-LGBT judge is confirmed to replace Kennedy.

atlindy
atlindy

No more than you were in the America that existed prior to Lawrence v. Texas in 2003, the Supreme Court ruling that made nearly all the LGBT legal and political victories possible. The left – especially the new left – is very entertaining with its “the world did not exist before the iPhone and Facebook” mentality. The ones who don’t realize that Donald Trump has basically the same political views – and approach! – as 70s and 80s northern Democrat urban politicians like Frank Rizzo, Ed Koch and the Chicago Daley machine (note: Trump himself was one of those northern… Read more »

Caroline
Caroline

Trump does not have those views. Trump is straight out of the Strom Thurmond, Pat Buchanan playbook. Trump has been a Republican almost his entire life. His first registration that reporters found was back in the 1980’s and he registered as a Republican. He only was a Democrat for a very short time during the George W. Bush administration and promptly went right back to being a Republican after George W. Bush. He also attempting to run on the Reform Party ticket with Pat Buchanan back around 2000. Where do you get this fantasy information?

Andrew C. Pope
Andrew C. Pope

So I’m getting the feeling that Lindy is a freshman at Kennesaw State who just finished his first polisci class and is really loaded down on “the truth, man” but still struggling with basic concepts of logic and argumentation.

Caroline
Caroline

His statements are nonfactual and frankly strange. It’s like everything does come from sitting around the dorm room and repeating what he heard someone say.

atlindy
atlindy

So can you explain to me why it was so unsafe for people like Nefarious in 2002? Since everything that I write is so unfactual and strange it is easy. And have you bothered to research Frank Rizzo yet?

Andrew C. Pope
Andrew C. Pope

So can you explain to me why it was so unsafe for people like Nefarious in 2002? Lawrence struck down laws that criminalized the private sexual relations of LGBT individuals. Does anyone really need to explain to you how life was unsafe for the LGBT community back in 2002? It’s kind of self-evident. Lawrence was a 6-3 decision, with Kennedy authoring the opinion. Windsor was a 5-4 decision, with Kennedy authoring the opinion. Obergefell was a 5-4 decision, with Kennedy authoring the opinion. It’s entirely possible states could explore new anti-gay legislation and find a friendly Supreme Court on those… Read more »

Dave Bearse
Dave Bearse

You having to answer that question validates your feeling.

Benevolus
Benevolus

I don’t have to look up Frank Rizzo. I remember growing up there while he was police commish and mayor. So you are wondering why we current Dems can’t be more like that? Seriously? That dude was a maniac. Philly was like a police state then. Driving down to see the Phillies or Flyers was like driving through a war zone. For miles and miles. Rizzo thought he was the Broderick Crawford character on Highway Patrol. He probably couldn’t even get elected as a Repub in the 21st century. Well, maybe in some places in Texas.

Benevolus
Benevolus

Sounds more to me like someone who wants to write a book but can’t be bothered with actually doing any research beyond vague memories of the good old days.

Benevolus
Benevolus

“Republicans have the historical perspective that your side lacks”
“Republicans tend to look wistfully to the past, Democrats tend to look towards a future of progress.”

There, I fixed that for you.

Caroline
Caroline

The good news is the GOP is swimming against the tide. Yeah, a judge could absolutely revers the Obergell decision and then it would fall on the states. As we’ve seen with the ridiculous bathroom legislation the GOP keeps putting forward though it has been very damaging to the states pushing. They can legislate and they can certainly damage people’s lives but they are going against public opinion and public support for their retrograde ideas.

atlindy
atlindy

Your side has been saying that since 1980. Eventually it will come true.

Caroline
Caroline

Yes, we all know the GOP is stuck in 1980 like nothing has changed since then. The GOP has lost the popular vote in all but one election since 1992. Gerrymandering is the only thing that has saved them and once gerrymandering goes away it’s going to be either change or die. John McCain said back in 2000 that if you guys didn’t change you were going to go the way of the Whigs and every day the GOP looks more and more like the Know Nothing party. Read issue polls. On poll after poll the GOP loses and your… Read more »

Andrew C. Pope
Andrew C. Pope

I’m going to be the level headed attorney around here… Stare decisis is a powerful thing. I don’t think Roe is going to be reversed. For one, there hasn’t been any significant change in how we view the point of “viability” as defined by the Roe Court. You’ll definitely see further erosion of union protections, voting rights, affirmative action programs, etc. as Conservative groups use the new alignment of the Court to bring challenges they were afraid to bring with Kennedy on the bench. But I have a hard time seeing wholesale reversals of correctly decided cases, especially ones that… Read more »

atlindy
atlindy

Hence my comment above that I doubted that Roe v. Wade would be overturned. That and the fact that at best only about half of the Republicans who claim to oppose abortion actually do so. I do not think that an abortion opponent would be confirmed for the tie-breaking vote against Roe v. Wade even if the GOP held 70 seats. Reagan had a shot to overturn Roe v. Wade and he put two justices that he knew supported Roe v. Wade on the bench. George H. W. Bush was a longtime supporter of Roe v. Wade until he claimed… Read more »

atlindy
atlindy

The Washington Post’s fact checker weighs in on “For the record: Supreme Court nominees considered in ‘election years’”: “But here’s the rub: the Republican position, whether you disagreed with it or not, clearly was based on the fact that it was a presidential election year. Here’s Senate Majority Leader Mitch McConnell on ABC’s “This Week” on March 20, 2016: “The American people are in the middle of choosing who the next president is going to be. And that next president ought to have this appointment, which will affect the Supreme Court, for probably a quarter of a century.” Note the… Read more »

Andrew C. Pope
Andrew C. Pope

Who cares? Do you think Mitch McConnell cares if he’s being hypocritical? There is nothing in the past ten years that suggests McConnell, Grassley, Hatch, or any other Senate Republican is capable of feeling shame at acting like a hypocrite. Chuck Todd and Joe Scarborough and Jake Tapper are going to point out the hypocrisy, McConnell isn’t going to bat an eyelash. Cocaine Mitch doesn’t give two s—- about anyone not named Mitch McConnell. The last decade has proven that pretty emphatically. So let’s quit bickering over what the “McConnell Rule” is or isn’t. McConnell doesn’t have rules. He does… Read more »

Andrew C. Pope
Andrew C. Pope

Speaking of McConnell’s attitude towards norms and institutions, if Democrats ever get the White House, the Senate, and the House, I fully endorse legislation expanding SCOTUS by two seats.

alpha male
alpha male

Fine. And then we will expand it by 4. BTW- didn’t FDR try something like that? Your side would do better imo by winning some elections outside the coastal elite and inner city areas. Folks like you have no idea how out of touch you really are. I think it is appropriate that now your side is represented in the court of public opinion by Maxine Waters and this 28 year old socialist in the Bronx. Oh, and on stare decisis, I could be wrong but wasn’t the union dues case just decided a situation of overruling a previous precedent?… Read more »

Andrew C. Pope
Andrew C. Pope

Does the concentration of Democrats in urban areas hurt the party’s chances in the Electoral College? Debatable. Does it hurt the Democrats’ ability to sustain Congressional majorities? Maybe. But I don’t think you can credibly say that the party which has won the popular vote in 7 of the last 8 Presidential elections is “out of touch.” Are there demographics that the Democrats’ policies don’t appeal to? Sure. But the same is true of Republicans. According to the latest Pew Research Center polling, 68% of women age 18-34 are choosing Democrats, only 24% are choosing Republicans. Are Republicans “out of… Read more »

Benevolus
Benevolus

So, like, then your side is defined by this guy?
“North Carolina state House of Representatives candidate who recently won the Republican primary has claimed Jews are satanic, U.S. soldiers are being poisoned by the government and that God is a white supremacist.”,/i>

atlindy
atlindy

“79% of millennials say immigrants do more to strengthen the country than they burden it.” We went over this “illegal immigrants versus immigrants” thing yesterday. Democrats only dance around this issue to their own entertainment. It doesn’t fool anyone else. “– Over half of white millennials say that racial discrimination is the main factor holding back African Americans.” Republicans stopped overtly running against the black community with the George W. Bush era. Not only haven’t we heard practically any welfare-baiting or scare tactics on inner city crime, but Republicans don’t even make affirmative action an issue in electoral politics anymore.… Read more »

Andrew C. Pope
Andrew C. Pope

Not only haven’t we heard practically any welfare-baiting or scare tactics on inner city crime You don’t pay a lot of attention to the words coming out of Trump’s mouth, do you? True but the ACA is a dead issue politically. Folks have moved on. Bless your heart. The GOP just tried repealing less than 12 months ago. They’ve already repealed portions of it. There are lawsuits aimed at declaring more portions of it unconstitutional. You really need to do better research, fam. But how many of those people believe that social democracy is the solution? Again, quit constructing straw… Read more »

atlindy
atlindy

“Who cares?” Reminds me of https://www.youtube.com/watch?v=ny3bOmey-BE Ah good times. This was one of the early skirmishes in that running “debate” that you, I and Caroline were engaged in last evening before it degenerated into personal attacks (on the part of you and Caroline). If you are looking for someone to defend Mitch McConnell, that’s not me. He is one of those strange “0% approval rating” sorts. Tea Party/grassroots Republicans hate him. Liberals despise him. Moderates/independents distrust him. Seems like his only fanclub is about 52% of the voters in Kentucky. But that being said, he is not being hypocritical, at… Read more »

Andrew C. Pope
Andrew C. Pope

I honestly don’t care if you or Caroline think the “McConnell rule” applies or not. It doesn’t matter. McConnell is going to do what he wants. He always has. I begrudgingly admire that kind of perpetual shamelessness.

McConnell has done more for Tea Party interests than every past, present, and future member of the Freedom Caucus combined. If you’re a Republican and you don’t like him, then you’re a fool. Trump doesn’t get elected wothout McConnell laying the groundwork over the 8 years of Obama’s presidency.

Andrew C. Pope
Andrew C. Pope

If anything, I would propose that the GOP is in such a rush precisely BECAUSE they don’t want another Gorsuch or Alito That’s so hilariously naive. This is an opportunity to establish an inpenitrable 5-4 majority for the next 10-20 years, you honestly think the GOP wants another Kennedy when they can get another Scalia? If you’re McConnell, there is a non-zero chance Dems hold and pick up AZ and NV, at which point the GOP is rushing a SCOTUS through in the lame duck (not that McConnell cares about thhas optics of doing so, but he’d probably lose Flake,… Read more »

Jack Fitz
Jack Fitz

I’d also throw out that TN is going to flip to Bredesen. Even Republicans are campaigning against Marsha Blackburn.

Andrew C. Pope
Andrew C. Pope

I’ll believe Tennessee when I see it. I’m not buying the chances of O’Rourke in Texas either.

Caroline
Caroline

Dude, if the GOP is in a rush to get through a supreme court nominee it probably has more to do with Trump’s problems than anything else. How are they going to look pushing a supreme court nominee for Trump when Mueller’s obstruction of justice report hits the airwaves?

Andrew C. Pope
Andrew C. Pope

Yo, friend-o. Don’t expect anything from Mueller for a while.

Caroline
Caroline

Nobody knows do they? There have been reports that Mueller is going to drop his report in July. He is apparently doing separate reports with the obstruction of justice to be the first to come.

alpha male
alpha male

Absurd but not surprising that a leftist compares some obscure state assemblyman ( that literally no one who does not read daily kos has ever heard of) with members of the US Congress that have been all over the news recently.

But hey, like I said. You guys kept Sarah Huckabee Sanders out of a restaurant. Congrats.

Andrew C. Pope
Andrew C. Pope

Would you prefer him to use the example of 7-term Congressman that believes pretty much all the same things?

Caroline
Caroline

You can watch Trump saying over and over that Nazis are fine people if you want a bigger example.

Benevolus
Benevolus

“I think it is appropriate that now your side is represented in the court of public opinion by Maxine Waters and this 28 year old socialist in the Bronx.”

It’s certain that Fox News will try to make that appear true anyway.

Noway2016
Noway2016

Trump quote?

Benevolus
Benevolus

No, just alpha from upthread. Although your Dear Leader has said something similar so I expect that’s where he got the idea from.
From the Tweeter-in-Chief:
“Congresswoman Maxine Waters, an extraordinarily low IQ person, has become, together with Nancy Pelosi, the Face of the Democrat Party.”

Of course, Ocasio-Cortez not only has a Hispanic sounding name, but she calls herself a socialist, so that combination will get a certain segment of the population all jittery with fear or excitement, I’m not sure which. Maybe both.