Big cases, retirement rumors as Supreme Court nears finish

Big cases, retirement rumors as Supreme Court nears finish

Big cases, retirement rumors as Supreme Court nears finish

David Lat pushed back hard against the rumors in Above the Law, noting there is not conclusive evidence on when Kennedy will retire: "I won't bury the lede, so here it is: based on reports I've received from former AMK clerks who attended his law clerk reunion dinner last night, it is highly unlikely that Justice Kennedy will announce his retirement tomorrow". Three of those, all involving immigrants or foreigners, were heard by an eight-justice court, before Gorsuch joined the bench in April. In its petition, the Justice Department said that Microsoft's "arguments ring hallow". Kennedy has given no public sign that he would step down this year and give President Donald Trump his second high court pick in the first months of his administration.

But for some people watching the court, the most interesting development Monday was one that didn't come at all: Justice Anthony Kennedy did not announce his retirement.

His vote cleared the way for same-sex marriage nationwide in 2015 and affirmed the Roe v. Wade abortion ruling in a 5-4 decision in 1992. Gorsuch's nomination was accompanied by a political firestorm: After Scalia died in February 2016, then-President Barack Obama picked Merrick Garland to replace him, but Senate Republicans blocked Garland from actually being considered for the job.

"As the court's most important Justice - at the center of the institution's ideological balance - Justice Kennedy's ability to bridge the divide between left and right on critical issues such as the right to access abortion can not be overstated", said Elizabeth Wydra, president of the Constitutional Accountability Center. The executive also went on state that Microsoft has, in the past, declined to comply with legal orders which are similar in nature to the DOJ's, only it involved a case in Brazil, which was in direct violation of U.S. law.

In the same term, Kennedy pivoted on the issue of affirmative action when he voted for the first time in favor of a race-conscious admissions plan at a public university.

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The petition comes after the Second Circuit Court of Appeals ruled last July that ECPA "does not authorize courts to issue and enforce against USA -based service providers warrants for the seizure of customer e-mail content that is stored exclusively on foreign servers". "For decades, he has been the court's most eloquent voice on the need to be color blind - why he changed his mind is something historians will debate for decades".

He is considered a conservative justice, but Kennedy has provided a crucial swing vote in many important cases.

And Kennedy sided with George W. Bush in the case that essentially decided the 2000 presidential election for the GOP candidate. Kennedy's departure would allow conservatives to take firm control of the court.

Kennedy has been tight-lipped on retirement rumors.


The Supreme Court is rejecting yet another call to decide whether Americans have a constitutional right to carry guns with them outside their homes. Kennedy was also rumored previous year to be planning on retiring in 2017.

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