Justice Anthony Kennedy Retiring From the Supreme Court

Justice Anthony Kennedy Retiring From the Supreme Court

"It would mean we have a new legal order", said Josh Blackman, a professor at the South Texas College of Law in Houston who closely follows the court. Now, most believe, President Donald Trump will nominate a more reliably conservative justice.

"Senator McConnell would tell anyone who listened that the Senate had the right to advise and consent, and that was every bit as important as the president's right to nominate", he said. Conservative activists have already announced their intention to use a more conservative court to overturn the 1973 Roe v. Wade decision legalizing abortion.

He said that "Americans should make it clear" they will not tolerate any nominee from Trump's list of possible Supreme Court candidates.

Kennedy announced his retirement Wednesday (June 27), letting Trump pick a second member of the high court after Neil Gorsuch in 2017.

The travel ban has been fully in place since December, when the justices put the brakes on lower court rulings that had ruled the policy out of bounds and blocked part of it from being enforced.

Justice Neil Gorsuch, whom Trump nominated early previous year to fill a vacancy on the Supreme Court, was seen as a crucial vote with fellow conservative justices in upholding the travel ban.

May 2016: Trump says Muslim ban is merely a "suggestion".

But some civil liberties groups and immigration advocates likened it to a 1944 Supreme Court decision that upheld an executive order requiring Americans of Japanese ancestry to be sent to detention camps.

A Supreme Court with someone like Roberts in the ideological middle would not be unprecedented. Yet with the delivery of his formal letter of resignation to the White House Wednesday afternoon, the justice has provided an opportunity for an embattled President, who is under the cloud of a criminal investigation by a special counsel, to shape the court for decades. "If there is a Supreme Court vacancy, it takes priority". Last year, three Democrats broke ranks to vote for Gorsuch - Sens.

The U.S. Supreme Court is set for a rightward swing that could lead to sweeping changes to some of the most explosive culture-war issues roiling the country: a roll-back or abolition of abortion rights, the expansion of the death penalty and limits to programs that help minorities attend university.

The hashtag "NoMuslimBanEver" trended on Twitter as arguments were made before the Supreme Court in April, during which time Solicitor General Noel Francisco said that Islam was "one of the great countries of the world". "And the consequences for our nation couldn't be higher".

For months, Kennedy had teased his retirement, but it was unclear whether he would officially pull the trigger over concerns about who President Trump might appoint to replace him. "We need only look at Trump's own words to understand that this has always been a racist and anti-Islamic attempt to ban Muslims from entering this country", Sanders said in a statement.

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