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Justice Kennedy: I think Iíll stick around until 2013 (SCOTUS hangs by a thread till then)
Hotair ^ | 07/06/2010 | Ed Morrissey

Posted on 07/06/2010 8:03:39 PM PDT by SeekAndFind

Increasingly, Justice Anthony Kennedy has become the most important member of the Supreme Court. After the retirement of Sandra Day O’Connor, Kennedy serves as the swing vote between the conservative and liberal blocs on the Court, siding more often with conservatives (but not often enough for their taste). At 74, though, Kennedy is at an age when most men think of retirement — and his departure would set off a political firestorm on Capitol Hill the likes of which haven’t been seen since Clarence Thomas endured his trial by fire in the Senate.

And maybe that’s why Kennedy tells close friends and relatives that he wants to wait a while before retiring … or perhaps it’s because of the man who would pick his successor:

Justice Kennedy, who turns 74 this month, has told relatives and friends he plans to stay on the high court for at least three more years – through the end of Obama’s first term, sources said.

That means Kennedy will be around to provide a fifth vote for the court’s conservative bloc through the 2012 presidential election. If Obama loses, Kennedy could retire and expect a Republican President to choose a conservative justice.

Kennedy, appointed by President Ronald Reagan, has been on the court 22 years. He has become a bit of a political nemesis at the White House for his increasing tendency to side with the court’s four rock-ribbed conservative justices.

In fact, as the New York Daily News implies, Kennedy may have made that decision after this year’s State of the Union address:

Without naming Kennedy, Obama was unusually critical of his majority opinion in the Citizens United case, handed down last January. That 5-4 decision struck down limits on contributions to political campaigns as an abridgement of free speech.

Obama called the ruling “a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power … in Washington to drown out the voices of everyday Americans.”

He was so angry that he took the unusual step of blasting the decision in his Jan. 27 State of the Union address, with Kennedy and five other justices looking on.

Obama certainly reveled in his prime-time, televised, cheap-shot attack at jurists who couldn’t fire back. Samuel Alito took fire from the media for having just mouthed a rebuttal. The only revenge any of them can take is to make sure that they stay in place until Obama leaves office. The “at least” part of the report almost certainly means that retirement at 80 may be just as possible as retirement at 76. After all, John Paul Stevens didn’t decide to retire until he was almost 90 years old.

Perhaps the timing is just a coincidence and Kennedy didn’t have plans to retire any earlier even prior to the 2008 election. However, this looks more like a quiet revenge, and a reminder to Obama that Kennedy will likely remain relevant longer than the President.



TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: anthonykennedy; justice; kennedy; revenge; scotus; supremecourt

1 posted on 07/06/2010 8:03:46 PM PDT by SeekAndFind
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To: SeekAndFind

Keep a watchful eye open for buses, Mr. Justice Kennedy.


2 posted on 07/06/2010 8:07:44 PM PDT by bigbob
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To: SeekAndFind

I guarantee Obama is salivating at the even remote possibility of getting his THIRD SCOTUS nomination opportunity... in SINGLE term....

And I don’t trust Obama any farther than my 4 year old could throw him.


3 posted on 07/06/2010 8:09:37 PM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: Windflier; Dave W; fanfan; WVNan; rodguy911; Canedawg; TexasCajun; Brices Crossroads; free me; ...
Borrowing from you, windflier.

SARAH 2012 PING!

4 posted on 07/06/2010 8:12:22 PM PDT by onyx (Sarah/Michele 2012)
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To: SeekAndFind
"Justice Kennedy, who turns 74 this month, has told relatives and friends he plans to stay on the high court for at least three more years – through the end of Obama’s first term, sources said."

May it be so, Lord.

5 posted on 07/06/2010 8:21:49 PM PDT by LucyJo
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To: onyx
Whew! That's good to hear. Now we just have to keep Obama to one term.
6 posted on 07/06/2010 8:22:14 PM PDT by Victoria Delsoul
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To: SeekAndFind

Whew! I almost had a heart attack this morning when Fox and Friends said Kennedy was going to retire. I don’t think America can withstand another pig on Barry’s SCOTUS pig farm.


7 posted on 07/06/2010 8:25:33 PM PDT by FlingWingFlyer (Holder needs to resign! Now!)
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To: LucyJo

Have some spinach, Justice Kennedy.


8 posted on 07/06/2010 8:25:58 PM PDT by dr_lew
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To: TheBattman
“I guarantee Obama is salivating at the even remote possibility of getting his THIRD SCOTUS nomination opportunity.”

A frightening thought. Could Obama possibly find worse appointments than he already has? I was surprised he didn't pick Hillary just to keep her knife out of his backside.

9 posted on 07/06/2010 8:27:28 PM PDT by bitterohiogunclinger (America held hostage - day 507)
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To: SeekAndFind

74 years old is a bit long in the tooth for being on the court. We better hope and pray that a Republican wins the White House in 2012 or we are in HUGE trouble. I think quite a few conservatives are getting up there.


10 posted on 07/06/2010 8:28:28 PM PDT by napscoordinator
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To: TheBattman

The often ailing Justice Ginsberg should be the next to go. I’ve read that she wants to step down but Stevens beat her to the punch. She may have to step down when the Senate will be considerably to the right than it is now. The Conservatives should shoot down every Kagan commie rat that Obama chooses. He will be forced to pick a justice to the right of Ginsberg.


11 posted on 07/06/2010 8:35:27 PM PDT by Red Steel
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To: SeekAndFind

bump


12 posted on 07/06/2010 8:37:51 PM PDT by tutstar (Baptist Ping List-freepmail me to be included or removed. <{{{><)
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To: SeekAndFind

I pray that God protects Justice Kennedy in these next few years. He is hardly a Constitutional Originalist — as ALL Justices OUGHT to be — but at least he holds back the otherwise HUGE wave of Progressivism and the unchecked Judicial Activism that would flood and DROWN our nation if he were to depart the court in an untimely manner.

Which brings me to say, dear GOD I hope he has EXCELLENT PRIVATE security and not merely “government assigned” security. It’s kind of scary we are at that place now, but, do I trust the life of KEY Conservatives to just ANY Federal Security agency folks? TO just ANY alphabet soup agency? NO. We just can’t afford to. The VAST majority are BEYOND QUESTION loyal and they’ll do their JOBS. But it only takes ONE.

The fearful thing is — I am just almost as apprehensive about the potential dangers to our adversaries in Government — for different reasons, but I’m afraid they could face the same dangers...


13 posted on 07/06/2010 8:45:17 PM PDT by patriot preacher (To be a good American Citizen and a Christian IS NOT a contradiction. (www.mygration.blogspot.com))
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To: SeekAndFind

lord, protect that man.


14 posted on 07/06/2010 8:48:53 PM PDT by Hexenhammer (sic semper tyrannis)
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To: dr_lew

Yes! lol.


15 posted on 07/06/2010 8:50:56 PM PDT by LucyJo
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To: SeekAndFind
and his departure would set off a political firestorm on Capitol Hill the likes of which haven’t been seen since Clarence Thomas endured his trial by fire in the Senate.

Just like the firestorm from the GOP over The Wise Latina and Kagan the monkey...

16 posted on 07/06/2010 9:03:32 PM PDT by April Lexington (Study the constitution so you know what they are taking away!)
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To: TheBattman

Ginsberg is next. Obama gets three and the USA gets it up the pipe...


17 posted on 07/06/2010 9:04:37 PM PDT by April Lexington (Study the constitution so you know what they are taking away!)
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To: SeekAndFind

Of course he could change his mind tomorrow if he feels differently. He is, after all, his own swing vote as well as ours.


18 posted on 07/06/2010 9:15:39 PM PDT by cmj328 (Got ruthless?)
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To: April Lexington

As long as kennedy holds in there we should be in good shape. If the other old ones stick around past 2012 that’s bonus for us as it will make the court more conservative. I’m pretty confident we will win in 2012.


19 posted on 07/06/2010 9:18:21 PM PDT by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: bitterohiogunclinger

There’s always Bill Clinton: Think of the interns, think of the revenge against his enemies, think of how he can avoid the
old heifer by “working” late!


20 posted on 07/06/2010 9:25:19 PM PDT by pankot
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To: April Lexington

I’m thinking that someone should assure Justice Ginsberg that Obama will win a second term (with an even larger Democrat majority in the Senate). (Hey, it could happen, right?)

If someone else happens to win the Presidency and another party takes the Senate somehow in 2012, then she could leave the grand legacy of having the first female president (Sarah Palin) or at least a Republican name her replacement.


21 posted on 07/06/2010 9:27:12 PM PDT by dufekin (Name our lead enemy: Islamic Republic of Iran, Mahmoud Ahmadinejad, Islamofascist terrorist dictator)
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To: bigbob
Keep a watchful eye open for buses, Mr. Justice Kennedy.

I'm betting it's Polonium poisoning...

22 posted on 07/06/2010 9:55:43 PM PDT by Captainpaintball (If the right has TEABAGGERS, then the left has SCUMBAGGERS and DOUCHEBAGGERS!!!)
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To: SeekAndFind
We cannot simply rely on the vagaries of old people's health to protect the Constitution. We need to start talking about impeachment of Supreme Court justices who take the law into their own hands, who have no respect whatsoever for the Constitution. Impeach a couple, the remaining libs will see they have overreached and perhaps not push so hard on overturning the country's laws, and order will be restored. It will take a conservative country forcing a GOP congress to do it, but it can be done with the right leadership.

God protect Justice Kennedy and his moderate unprincipled ass for another few years.

23 posted on 07/06/2010 10:40:07 PM PDT by Defiant (2010 is pretty much it, folks. Send them packing, or start packing.)
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To: Red Steel
He will be forced to pick a justice to the right of Ginsberg.

He would never do that. He is too much of an idealogue. He would do a recess appointment first, but before it got to that there would be all out war between the Washington establishment and media against the Republicans. Enough of them would probably cave that Obama would get someone at least equal to Ginsburg in her socialist, anti-constitutional tendencies.

24 posted on 07/06/2010 10:44:56 PM PDT by Defiant (2010 is pretty much it, folks. Send them packing, or start packing.)
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To: SeekAndFind

The problem with Obama and people like him is they believe they are special. They never realize there is always someone better than they are.


25 posted on 07/06/2010 10:50:42 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Defiant

I hope you’re wrong and the Pubs grow some balls after November.


26 posted on 07/06/2010 10:50:48 PM PDT by Red Steel
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To: LucyJo

That would be wonderful.


27 posted on 07/06/2010 10:51:26 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: napscoordinator

RE: 74 years old is a bit long in the tooth for being on the court.

Well, here’s the rest of the people in the SCOTUS we have to pray will stay healthy until we can vote Obama out of office :

Antonin Scalia ( age : 74 )
Clarence Thomas ( age : 62 )
Samuel Alito ( age : 60 )
John Roberts ( age : 55 )

The rest can leave or retire for all I care ( the sooner, the better ).

As I said... this Supreme Court ( and the future of this country ) is hanging by a thread.


28 posted on 07/07/2010 7:01:36 AM PDT by SeekAndFind
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To: Red Steel
He will be forced to pick a justice to the right of Ginsberg.

You are making a huge assumption that any possible gains in the Senate by Republicans will mean a backbone will come with it. "Republican" and "backbone" hardly belong in the same sentence without the word "no" in between...

Remember - when Bush was in the WH, and Repubs still had the majority, they capitulated to the Dems on judicial nominees - with McLame leading the isle-crossing treason.

So even if the Repubs somehow gained a majority in the Senate, it would still be razor thin and they would be willing to capitulate to get anything done. Holding up an Obama-socialist nominee to anything isn't likely to happen.

29 posted on 07/07/2010 2:15:26 PM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: Defiant
impeachment of Supreme Court justices
30 posted on 07/07/2010 2:18:19 PM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: TheBattman

Well, that’s a start.


31 posted on 07/07/2010 11:10:26 PM PDT by Defiant (2010 is pretty much it, folks. Send them packing, or start packing.)
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To: patriot preacher

He has the protection of the U.S. Marshals, which is the elite of the feds IMHO.... every other fed law enforcement agency completely respects them....I have worked with them and they’re made of good stock, much integrity....


32 posted on 07/07/2010 11:25:35 PM PDT by DrewsMum (Somebody please put the Constitution on his teleprompter....)
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To: DrewsMum

He has the protection of the U.S. Marshals, which is the elite of the feds IMHO.... every other fed law enforcement agency completely respects them....I have worked with them and they’re made of good stock, much integrity....


I’m happy to take your word for it then. I’ll say extra prayers for our Marshals as well....


33 posted on 07/08/2010 7:23:59 AM PDT by patriot preacher (To be a good American Citizen and a Christian IS NOT a contradiction. (www.mygration.blogspot.com))
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To: bitterohiogunclinger

If it appears OBOZO will lose in 2012, I would expect Ruth Buzzi Ginsberg to step down and be replaced before the changes in Jan,2013.

ps: as a fellow Ohioian, love your screen name!


34 posted on 07/08/2010 7:31:06 AM PDT by newfreep (Palin/DeMint 2012 - Bolton: Secy of State)
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