Following the confirmation of Neil Gorsuch as a new member of the Supreme Court of the United States, there are now speculations that soon there could be another vacancy to be filled: allegedly, Justice Anthony Kennedy is considering retirement. While the appointment of Gorsuch meant that one allegedly “conservative” judge, Antonin Scalia, was replaced by another, the possible replacement of Justice Kennedy, who is 80 years old, could be a real game changer.
Of course, epithets such as “liberal”, “progressive” and “conservative” should always be used with caution. In reality, so-called “conservative” judges are not necessarily conservative. Instead, they simply apply the law is it stands, whereas judges whom certain media praise as “progressive” are those who disrespect the laws and put themselves into the role of lawmakers.
Anthony Kennedy was often styled as “conservative” for his stance on economic issues, while he often went along with the “liberals” on issues such as abortion, sodomy, etc. He owed his appointment to the fact that another candidate, Robert Bork, who had been President Reagan’s first choice to fill the post, was rejected by the US Senate in the wake of a particularly nasty campaign against him waged by the child-butchering and feminist lobbies. This dirty campaign paid off through a long list of decisions in which Justice Kennedy cast decisive votes to promote so-called “progressive” causes, the most important one being without doubt the 2015 decision in the case of “Obergefell v. Hodges”, in which the Supreme Court by a narrow 5-4 majority held that all US States were obliged to legally recognize sodo-“marriages”. That judgment, which was drafted by Justice Kennedy, stands today as a sad monument of intellectually un-sound legal activism. The “arguments” it sought to adduce to make believe that the US Constitution included, right from its origins, a “right to sodo-marriage” were so helplessly ridiculous that it cost the opponents absolutely no effort to expose their utter absurdity and complete lack of foundation. Yet a majority is a majority, and to overturn this perversion of justice a change of majorities in the Supreme Court will be necessary.
A vacancy caused by Kennedy stepping down would be an important occasion to sanitize the Supreme Court – which would very possibly pecome the most important achievement of the Trump presidency. (What a luck that it is not Hillary Clinton who gets this occasion!) However, it will not be an easy ride – as pundits predict, “if Kennedy or one of the liberal justices step down, the left will go full Armageddon meltdown.”