The Swing Vote Stops Here

Anthony Kennedy, who has served as associate justice of the U.S. Supreme Court since 1988, has announced his retirement effective at the end of July at the age of 81.  Which means President Donald Trump has another shot at trading in one conservative justice for another, just like he did with Neil Gorsuch a year ago.

Kennedy was the so-called "swing vote", a moderate who sometimes sided with liberals on decisions involving abortion and gay and lesbian rights--which is why they wanted to keep him on as justice for as long as possible.  But Kennedy had been reliably conservative on most issues on a Supreme Court that already is, and will be for the foreseeable future regardless of whom Trump (or any other president) chooses as his replacement.

During the past session, Kennedy and his colleagues on the Court were confronted with numerous issues of national interest before them.  Here's how they decided (or not):

• Upheld Trump's travel ban on those living in Muslim-majority countries.
• Ruled that public sector unions can't force non-members to pay contract negotiating fees.
• Punted on gerrymandering in Wisconsin.
• Ruled that law enforcement must get a warrant before searching your smartphone data.
• Legalized sports betting.
• Ruled that a Colorado baker can refuse service to gay customers on religious grounds.
• State taxes must be paid on internet purchases.

So now the Senate must decide if Trump's choice for the Court is worthy enough to join the other justices.  You will recall that back in 2016, the Republican-controlled Senate refused to schedule so much as a hearing for President Barack Obama's choice, Merrick Garlund, because they claimed that election years are not the time to decide on someone for such an important decision.  Which is BS, of course, because Senate Republicans were really biding their time before a GOP president could be elected.  They succeeded beyond their wildest dreams.

Senate Democrats hope to take a page out of the GOP playbook and delay the nomination of Trump's choice for as long as possible, preferably until next January when the new Congress is seated.  But right now there are more Republicans than Democrats in the Senate, and the whole thing might become moot by the time November rolls around.

So the pendulum on the Supreme Court is stuck on the right, just like it always has.