Reports have been circulating that Justice Anthony Kennedy will retire at the end of the Supreme Court’s current term, perhaps as soon as today. Since Justice Kennedy is considered the “swing” vote among the Court’s four conservative and four liberal Justices, President Trump’s appointment of a replacement will swing control decidedly in favor of the conservatives.
While some have predicted a “Bork like” confirmation battle, that’s not going to happen. As the minority party, the Democrats will certainly have a chance to put their objections to the candidate on the record and in the media. But, the GOP has the votes necessary for confirmation. As in most things in Washington these days, the Democrats have neither influence nor power. That’s what happens when you lose elections, particularly for control of the Senate.
As we’ve seen during the Cabinet confirmation process, President Trump could nominate a ham sandwich for the Supreme Court vacancy and the GOP would vote to confirm. By the time this is over, the Democrats could be wishing for another Justice Neil Gorsuch. The next pick is likely to make Gorsuch look like a liberal. A sobering thought for those counting on the Court to keep Trump in check.
PWS
06-26-17