Politics & Government

Justice Anthony Kennedy Announces Retirement From Supreme Court

The resignation is effective as of July 31.

Justice Anthony Kennedy, an associate justice on the United States Supreme Court who often served as a moderate swing vote in numerous 5-4 decisions, announced his retirement Wednesday, which will be effective July 31. His departure will give President Trump an opportunity to drastically change the makeup of the court.

In what is expected to be a furious fight, Trump has the chance to nominate a conservative justice following the bitterly contested appointment of Justice Neil M. Gorsuch, which had already moved the court to the right following a year-long vacancy caused by the death of Justice Antonin Scalia and Republican refusals to vote on President Obama's nominee.

Trump told reporters in the Oval Office that his replacement process would "begin immediately." Trump pointed to his list of contenders to fill Scalia's seat when asked about potential candidates.

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"It will be somebody from that list," Trump said.

In a statement, the White House thanked Kennedy for his service on the bench.

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Speaking on the Senate floor, House Majority Leader Mitch McConnell said the Senate would vote to confirm Kennedy's replacement this fall. McConnell refused to give Obama's nominee Merrick Garland a hearing when he was nominated in March 2016, saying the nomination should be left to the next president.

Kennedy has been far from liberal during his time on the court, which began in 1988 after he was nominated by President Ronald Reagan. He was decidedly conservative, but moderately so, having joined the majority in Bush v. Gore, which handed the 2000 presidential election to George W. Bush. He also voted with the court’s conservatives in cases on the Second Amendment and voting rights.

Kennedy, though, was also the court’s leading champion of gay rights, and he was reliably with the court's liberals when it came to cases of abortion, affirmative action and the death penalty.

“It has been the greatest honor and privilege to serve our nation in the federal judiciary for 43 years, 30 of those years on the Supreme Court,” Kennedy said in a press release announcing his retirement. He said his decision to step aside was based on his deep desire to spend more time with his family. Kennedy said he would retain warm ties with his colleagues on the bench for years to come.

Kennedy informed the president of his decision in a letter.

“My dear Mr. President,” Kennedy wrote. “For a member of the legal profession it is the highest of honor to serve on this court. Please permit me by this letter to express my profound gratitude for having had the privilege to seek in each case how best to know, interpret and defend the Constitution and the laws that must always conform to its mandates and promises.”

Kennedy Retirement Letter by Feroze Dhano on Scribd

Photo by Eric Thayer/Getty Images News/Getty Images

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