News Talk 94.1/AM 1600 Where The Upper Cumberland Talks
The U.S. Senate could move quickly once President Donald Trump nominates a successor to Supreme Court Justice Anthony Kennedy.
Kennedy announced his retirement from the U.S. Supreme Court Wednesday effective July 31.
Dr. Michael Federici is the Chair of the Political Science Department at Middle Tennessee State University.
“The plan is for them to move rather quickly and it depends in part on how quickly the Senate moves,” Federici said. “I don’t think it would be a surprise to see the Trump administration announcing an appointment as soon as Justice Kennedy’s retirement becomes official.”
Senate Majority Leader Mitch McConnell blocked Former President Barack Obama’s nominees in 2016 following the death of Justice Antonin Scalia.
Federici said a quick turnaround by McConnell and the rest of the Senate would set no precedent for the country.
“I think what the Republicans did last time around was simply block President Obama’s nomination under the cover of ‘oh, it’s an election year,'” Federici said. “Now that they have a Republican president in office, who will likely appoint a candidate to the court [the Senate] will approve of, they’re not going to say anything about ‘it’s an election year and we should wait until after the election.'”
Federici said although Kennedy was sometimes classified as being conservative, many of his decisions were more moderate. Kennedy wrote the majority opinion in the Obergefell vs. Hodges case legalizing same-sex marriage and leaned toward a woman’s right to choose abortion.
“Many of those 5-4 decisions – that went in favor of same-sex marriage, gay rights, and abortion – could potentially flip to the other side and be 5-4 votes in favor of narrowing those rights,” Federici said.
Federici said a name Trump may consider to replace Kennedy is Republican Senator Mike Lee of Utah. Multiple reports have Lee on Trump’s list of potential nominees.
“He’s relatively young, which is something most presidents look for because they want to appoint somebody to the Court who will serve for decades,” Federici said. “Mike Lee has been an outspoken critic of the court, and because he’s a senator, he would likely gain the support of his colleagues probably more so than a sitting federal justice.”
Kennedy was appointed in 1987 and was the last justice nominated during the Reagan administration. Sarah Day O’Connor was appointed in 1981 and served until 2006, while Scalia was appointed in 1986.
