[EL] KENNEDY RETIRING

[Rick Hasen]

“The Only Thing That Might Stop Trump From Replacing Kennedy With a Scalia Clone”<http://electionlawblog.org/?p=99828>
Posted on June 27, 2018 3:23 pm<http://electionlawblog.org/?p=99828> by Rick Hasen<http://electionlawblog.org/?author=3>
I have written this piece<https://slate.com/news-and-politics/2018/06/trump-will-replace-kennedy-with-a-scalia-clone-only-one-thing-might-stop-him.html> for Slate. It begins:
Buckle up, folks. If you did not like what the Supreme Court has done in the last few weeks on voting rights, public-sector unions, and Trump’s travel ban, things are going to get a whole lot worse now that Justice Anthony Kennedy is retiring<https://slate.com/news-and-politics/2018/06/justice-anthony-kennedy-retires-paving-way-for-trump-to-reshape-supreme-court.html> and with conservative Chief Justice John Roberts about to become the new swing justice<http://www.latimes.com/opinion/op-ed/la-oe-hasen-roberts-swing-vote-20170410-story.html>. There’s precious little Democrats can do, at least in the short term, either to stop the nomination of another clone of Justice Antonin Scalia, or to stop the political benefit President Donald Trump is likely to get from such an appointment. Fixing the Supreme Court will be a long-term project.
In short order, I expect President Trump to take the safe route and nominate a stellar Scalia clone. My personal expectation is that Judge Brett Kavanaugh of the United States Court of Appeals for the D.C. Circuit is a likely pick. Trump has reportedly<https://twitter.com/stevenportnoy/status/1012037507331035136> already said he intends to select the next justice from a previously circulated list of Federalist Society–approved judges. Following the playbook used for Justice Neil Gorsuch’s confirmation, the new nominee will be a very smart (likely white male) judge with impeccable credentials who can get up in front of the Senate Judiciary Committee and commit to absolutely nothing in terms of his future rulings.
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Posted in Scalia<http://electionlawblog.org/?cat=123>, Supreme Court<http://electionlawblog.org/?cat=29>


From: John Tanner <john.k.tanner at gmail.com>
Date: Wednesday, June 27, 2018 at 12:35 PM
To: Rick Hasen <rhasen at law.uci.edu>
Cc: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] KENNEDY RETIRING

This last Term seems to have been designed so that people wouldn’t miss him so much.


On Jun 27, 2018, at 2:09 PM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:

https://twitter.com/AP/status/1012033438625517568


--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>


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