Anthony Kennedy’s Retirement


Yes, it’s really, really bad.

But here are a couple of thoughts.

First of all, it’s Congress that determines the number of justices on the Supreme Court. Roosevelt’s attempt to “pack” the Court in 1937 failed politically. But things are different now. With the Republicans having violated every norm, and having stolen the seat Gorsuch now occupies, it will be up to us in 2021 to do some norm violatin’ of our own. Too bad, but that’s how it is.

In the meantime, Trump will try, and will presumably succeed, in replacing Kennedy with a wingnut.

This will give Republicans of a certain stripe one less reason to show up and vote. (They may show up and vote anyway, but at least there will be one less reason to motivate them.)

And it will righteously piss off the progressives. We were going to turn out in droves anyway. Now, you bet we’re going to turn out in droves.