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Re:Justice Anthony Kennedy to Retire from Supreme Court by cmurf on Wednesday June 27, 2018 @02:34PM (#17410621)
The likely calculus is he thinks it's better to have 9 justices than 8. If Democrats take the senate, there's a solid chance due to the McConnell precedent, that the seat remains vacant as long as the senate and presidency are opposite parties.

At the very least with 9 justices there isn't a tie.

Re:Justice Anthony Kennedy to Retire from Supreme Court by benryon on Wednesday June 27, 2018 @02:46PM (#17410705)
Golly, I never thought of that--the Democrats doing the same thing McConnell did a couple years ago. First, the nuclear option. Then, the McConnell option. I dare not think of what's next, but, at the very least, it seems the caliber of justices as of late have still been top notch. God help us, though, if the President nominates someone like he did to the VA who just happens to be his personal physician.
Re:Justice Anthony Kennedy to Retire from Supreme Court by RickJWagner on Wednesday June 27, 2018 @10:28PM (#17413614)
Forgot the Bork/Thomas treatment.
Re:Justice Anthony Kennedy to Retire from Supreme Court by dahdum on Wednesday June 27, 2018 @02:54PM (#17410773)
I believe the nomination will still be from his original list of 25.

Is there any way the Democrats could stop an appointment now that the nuclear option gutted the the 60 vote threshold before November?

Re:Justice Anthony Kennedy to Retire from Supreme Court by jedmeyers on Wednesday June 27, 2018 @02:55PM (#17410780)
> McConnell option

What is the McConnell option you are mentioning here?

Re:Justice Anthony Kennedy to Retire from Supreme Court by benryon on Wednesday June 27, 2018 @02:57PM (#17410797)
The 'McConnell option' is what Senate Majority Leader Mitch McConnell did in the waining days of President Obama's term. I forgot the justice, but he/she retired, and Sen. McConnell held up President Obama's nominee until the Presidential election, hoping for President Trump to win. President Trump, of course, did, and he nominated Neil Gorsuch instead.
Re:Justice Anthony Kennedy to Retire from Supreme Court by rilindo on Wednesday June 27, 2018 @03:02PM (#17410833)
That would Scalia and he didn't retire - he died.
Re:Justice Anthony Kennedy to Retire from Supreme Court by kilotaras on Thursday June 28, 2018 @05:55AM (#17415472)
> waining days of President Obama's term

Waning in this case would be roughly 20% of 4-year term.

Re:Justice Anthony Kennedy to Retire from Supreme Court by jedmeyers on Wednesday June 27, 2018 @03:46PM (#17411201)
Ah. I thought it was a normal practice not to nominate Justices at the end of the term, as outlined here by Senator Biden https://youtu.be/cZlzhULrJC0. I guess it should be named Biden option, then.
Re:Justice Anthony Kennedy to Retire from Supreme Court by buerkle on Wednesday June 27, 2018 @05:01PM (#17411842)
Biden argued for postponing the nomination until after the election, not after the swearing in of the new president. This is entirely different than McConnell's stance which argued for waiting until after the swearing in of the next president.
Re:Justice Anthony Kennedy to Retire from Supreme Court by feiofh398r39rty on Thursday June 28, 2018 @12:40AM (#17414112)
Wow, the splitting of hair reached nano-proportions. What is the difference again? Are you saying that if Bush lost, in the period 'after the election' Senate would've let him nominate a candidate he would like? Preposterous.
Re:Justice Anthony Kennedy to Retire from Supreme Court by nsnick on Wednesday June 27, 2018 @02:54PM (#17410762)
W did just that when he nominated Harriet Miers.
Re:Justice Anthony Kennedy to Retire from Supreme Court by benryon on Wednesday June 27, 2018 @02:56PM (#17410785)
Ugh, I forgot that. That didn't turn out so well if I remember.
Re:Justice Anthony Kennedy to Retire from Supreme Court by jld on Wednesday June 27, 2018 @02:54PM (#17410767)
Re:Justice Anthony Kennedy to Retire from Supreme Court by bambamboom on Wednesday June 27, 2018 @03:07PM (#17410871)
Forget that he was in Navy and appointed by Obama. God the ignorance here is stupendous
Re:Justice Anthony Kennedy to Retire from Supreme Court by bgilroy26 on Wednesday June 27, 2018 @04:51PM (#17411750)
Being in the Navy and being appointed by Obama to be White House Physician are not qualifications for running the Veterans Administration
Re:Justice Anthony Kennedy to Retire from Supreme Court by ap3 on Wednesday June 27, 2018 @05:15PM (#17411927)
He was not appointed by Obama to the VA
Re:Justice Anthony Kennedy to Retire from Supreme Court by detaro on Wednesday June 27, 2018 @03:12PM (#17410915)
who?
Re:Justice Anthony Kennedy to Retire from Supreme Court by gfosco on Wednesday June 27, 2018 @03:29PM (#17411044)
The VA pick.
Re:Justice Anthony Kennedy to Retire from Supreme Court by 394549 on Wednesday June 27, 2018 @03:01PM (#17410831)
> I dare not think of what's next

My guess the is the next Supreme-court "nuclear option" will be another court packing plan. I can't think of any more escalations that could be threatened at this point.

https://en.wikipedia.org/wiki/Judicial_Procedures_Reform_Bil...

Re:Justice Anthony Kennedy to Retire from Supreme Court by benryon on Wednesday June 27, 2018 @03:04PM (#17410850)
This is getting more and more like the US version of House of Cards every single day.
Re:Justice Anthony Kennedy to Retire from Supreme Court by Omnius on Wednesday June 27, 2018 @04:31PM (#17411591)
It always was they are just not trying to hide it anymore.