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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJustice Kennedy leaving or staying (or do we not know yet)?
Did we dodge a bullet with Justice Kennedy since there were apparently no news reports about him announcing his retirement yesterday? Or could we potentially hear something later?
CaliforniaPeggy
(149,640 posts)Proud Liberal Dem
(24,414 posts)Just wasn't sure if yesterday would have been the day or not. *whew* I don't know if I would have been able to tolerate the Republican/Trumpgasms if he had announced his retirement yesterday.
DonViejo
(60,536 posts)over the Summer recess.
Proud Liberal Dem
(24,414 posts)I was on pins and needles waiting to see if a news alert would hit about this. We might have to wait the rest of the summer too?
DonViejo
(60,536 posts)onenote
(42,714 posts)And unlike the retirements of some Justices, hers was not effective immediately, but only became effective when her successor was confirmed, which didn't occur until the end of January 2006.
Most Justices these days do not announce their retirements on the last day of the session. For example, both Souter and Stevens announced their retirements in April, effective upon the end of the then current term.
Will Kennedy announce his retirement between now and whenever? Maybe. He might announce that he's retiring at the end of the next term or when his successor is named or immediately or he might not announce at all. They are all tried and true approaches.
My guess is that he's on board for the next term because he's hired clerks for the next term (although that doesn't guarantee he won't retire before the end of the term).
Lurks Often
(5,455 posts)It is up to Justice Kennedy on when he choose to retire and when he chooses to announce it.
With that said, I'm inclined to think that the closer we get to the fall when SCOTUS re-convenes, the less likely Justice Kennedy will retire. I would expect any Justice to give as much notice as possible so their replacement can be chosen and voted on.
marylandblue
(12,344 posts)BainsBane
(53,035 posts)If he knew he was going to retire, he would have announced yesterday.
So that was simply an idle rumor, which Rachel Maddow should not have repeated on her show.
onenote
(42,714 posts)It may have been so at one time, but for at least the past 30 years, it has been the exception rather than the rule. Of the ten justices that have retired since 1987, only two (Powell in 1987 and Marshall in 1991) made last day of term announcements, and even then only Powell's was effective immediately. In several instances, Justices have announced their retirement in March (White) or April (Blackmun, Souter, Stevens) of the then current term. Burger and Stewart both announced in June, about two weeks before the last day of the term. And O'Connor and Brennan both announced in July, after the end of the term. As indicated, in some instances the retirements were effective immediately, while in other cases the retirement was set for a future date or upon confirmation of a successor. For example, Burger announced his retirement in June, but it didn't become effective until the end of September (just before the commencement of the next term). And O'Connor announced on July 1 (after the last day of the term), but her retirement didn't become effective until her successor was confirmed at the end of January during the next term.
Response to Proud Liberal Dem (Original post)
Proud Liberal Dem This message was self-deleted by its author.
SoCalMusicLover
(3,194 posts)If he retires next June, the current Senate would still have time to push through someone prior to the 2018 Congressional Election.
Good news is the day of reckoning appears to be at least a year away.
Proud Liberal Dem
(24,414 posts)Unfortunately, now that they've done away with the filibuster for ALL judicial nominees, we can't keep his seat vacant and demand that they allow the American public to pick the next Justice in 2021.
onenote
(42,714 posts)Retiring justices have take various approaches in recent years, including announcing retirement (i) effective immediately; (ii) effective on the last day of the current term; (iii) upon confirmation of his or her successor; or (iv) upon the earlier of confirmation of a successor or a date certain (typically the beginning of the next term).
In theory, Kennedy could announce in June that he is going to retire effective some date certain he chooses in the future. That date, theoretically could be after the 2018 election, but it seems unlikely he would do that. More likely he would retire effective immediately, effective upon the confirmation of his successor or the beginning of the next term (in October) whichever comes first.
NCTraveler
(30,481 posts)Proud Liberal Dem
(24,414 posts)We would be facing Trump appointing another (likely more conservative) Justice to replace Kennedy. The rumor turned out not to be true, at least not for the moment.
NCTraveler
(30,481 posts)I would like credit for that here.