The retirement of Supreme Court Justice Kennedy has received yet another hint as to what direction the Justice might take. There have been many rumors about Kennedy retiring this year. That would give President Donald Trump an opportunity to appoint another conservative-leaning Justice to the court. While hearing another gerrymandering case, Justice Steven Breyer suggested a rehearing on all 3 cases before the court. How does that affect Kennedy? Gerrymandering is an issue that he is keenly interested in. He might hang around for that, and here is why.
As Written and Reported By Kevin Daley for the Daily Caller:
During oral arguments in a partisan gerrymandering case argued at the U.S. Supreme Court on March 28, Justice Stephen Breyer floated a rather odd proposal.
The case was the second political gerrymandering dispute the Court has heard this term. Both arguments yielded a strange outcome. Though a majority of the justices clearly find partisan mapmaking odious and unconstitutional, there are serious disagreements as to when and how judges should police politically-driven district maps.
A third controversy, arising from North Carolina, is currently pending.
Since there appears to be no solution appealing to at least five justices, Breyer wondered if the Court should rehear all three cases during its next term, which begins in October.
“What would you think of taking the three cases and setting them for reargument?” he asked Michael Kimberly, attorney for the plaintiffs.
The question, no doubt asked in good faith, may have served a second purpose — luring Justice Anthony Kennedy to remain on the bench for another year.
That Kennedy, 81, is seriously contemplating retirement is a widely-held, thinly-sourced Washington truism. Few close to the justice have a sense of his plans….
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