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Supreme Court Justice Kennedy isn't going anywhere and how it would affect the decision on the travel ban, abortion and more

buzzz worthy. . .

By Mona Austin

The word around Washington is that the Trump Administration has allegedly been sending signals to Supreme Court Justice Anthony Kennedy to resign. It had been strongly rumored that Kennedy, the swing voter of the High Court, would retire at the end of the current term. Kennedy, 80, put those rumors to rest late last year saying he was not retiring. This means that the  stay on the Travel Ban Executive Order that is currently being challenged in the Ninth Circuit Court of Appeals, should it meet its potential end in the Supreme Court, could get Kennedy's vote and break the probable tie. The four liberal judges would likely support cancelling the ban and the four conservatives would vote to keep it leaving the call in Kennedy's hands who could vote either way, but likely to vote against it. That's one of the considerations for now.


The installment of "universally" accepted Neil Gorsuch to the High Court was to be the smoke signal to indicate to Kennedy that his judicial legacy would be in good hands under Trump -- that another objective Conservative could fairly uphold some of the laws he believed in and instituted. It is doubtful that a man with Kennedy's level of impact and serveice would be worried about a junior justice defiling his work and their views are markedly different so the expectation that Gorsuch could somehow be a replacement voter for Kennedy does not compute. One need only look at the respective records to note the ideological differences in their approach to law.  Gorsuch has been identified as a strict Constiutionalist who does not tend to knock precedent.

Cik the links to compare their voting records:

Kennedy
Gorsuch

Daily Caller reports the Trump Administration has two others possble replacements in mind, who previously worked as clerks for Kennedy.