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Will he stay or will he go? Court watchers and political junkies are salivating over rumors that Justice Anthony Kennedy will announce his retirement on Monday.
To be clear, Kennedy has not said anything about retiring, either on or off the record. No one else heard him say anything about retirement, either. But in DC, any hiccup will start the rumor mill churning. Moreover, the Left is now in panic mode at the thought of President Trump appointing another originalist to the Supreme Court. (And isn’t it delicious?)
It began with news of a weekend reunion of Kennedy with his clerks, which had been moved up a year. This event sparked the rumor that this would be their final time together.
Then there was the tweet that Orin Kerr made on Friday. Kerr is a law professor at George Washington University, and was a former clerk of Justice Kennedy.
Soon we'll know if rumors of Kennedy's retirement are accurate, which makes this post on time limits timely again. https://t.co/Qw1hFJWAvC pic.twitter.com/NHMgtC0Ejx
— Orin Kerr (@OrinKerr) June 23, 2017
Then the Drudge Report picked up Kerr’s tweet on Saturday.
The news cycle in 2017: I am now tweeting about a Drudge banner that links to a story about speculation that quotes one of my tweets. pic.twitter.com/qmigtvCyYW
— Orin Kerr (@OrinKerr) June 24, 2017
Which led Kerr to back off on the retirement speculation.
To be clear, I have zero inside knowledge about if Kennedy will retire. I was just noting speculation in tweet about case for term limits.
— Orin Kerr (@OrinKerr) June 24, 2017
But CNN continued to fuel the speculation, saying that “sources” close to Kennedy report that he’s considering retirement. After all, he will turn 81 next month and has been on the court for 30 years. However, CNN is relying only on those anonymous “sources,” and we know how accurate those have been.
Finally, there are several Republicans on the judiciary committee who say publicly that they expect a vacancy soon. Sen. Chuck Grassley, the Senate Judiciary Chair, made such an announcement back in April. But no justice has confirmed anything, either yea or nay.
So will Justice Kennedy stay or will he go? Frankly, I wouldn’t make book either way. The media haven’t been particularly accurate in their political prognostications. Just look at how they predicted the presidential election. The nation was going to get its first woman president, right?
Sure would be nice if he did! and if RGB would live up to her promise to leave the country, we’d be set!
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