Thursday, 20 September, 2018

Justice Kennedy announces retirement, now what?

ANDREW CABALLERO-REYNOLDS  AFP ANDREW CABALLERO-REYNOLDS AFP
Charlie Simmons | 28 June, 2018, 07:25

A frequent swing vote in the past, Kennedy sided with the court's conservative bloc in every one of the 5-4 split decisions this term. The president quickly tweeted his reaction: "Wow!"

"We express no view on the soundness of the policy", Justice Roberts added.

Schumer called on Senate Republican leader Mitch McConnell to follow the same path this year, since elections in November this year will determine who holds one-third of the chamber's 100 seats. More than 2,000 children remain separated from their parents, jailed in detention centers across the country.

The ban prohibits most people from Iran, Libya, Somalia, Syria and Yemen from entering the United States. "But the only response they can find from our government is really strong law and order".

Iraq and Sudan were on earlier versions of the ban. The government cited poor cooperation with US officials, terrorist activity and technical hurdles with each of the countries mentioned in the latest version of the ban. "Without looking at the various polling data, it is obvious to anybody the hatred is beyond comprehension", Trump said when he first introduced the idea as a candidate in 2015. North Korea and some officials from Venezuela are also targeted.

"People should understand that this nominee will be there for decades to come, for our lifetimes and a good part of our children's lives", said Blumenthal, a Judiciary Committee member.

In a dissent statement, Justice Sonia Sotomayor wrote that "a reasonable observer" would consider the ban to be "anti-Muslim", based on evidence in the case.

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The statement issued by the court said that Kennedy's decision was motivated by his decision to spend more time with his family.

It's also possible that Roberts appears more liberal because, as the chief justice, he has an incentive to join the majority in cases where his vote alone can not change the decision; this tactic allows him to influence decisions he doesn't fully agree with, rather than simply dissenting. "They can not come to the United States because of an unjust and unconstitutional travel ban", Alrubyee said.

In his remarks at the White House, Mr Trump reinforced his reasoning for the ban.

"The ruling shows that all of the attacks from the media and the Democrat politicians are wrong, and they turned out to be very wrong", Trump said.

Denounced by Democrats and civil rights groups, the ruling has boosted Trump's administration as he faces intense opposition over his hardline policies on illegal immigration along the US-Mexican border. Brionna Aho, a spokeswoman for Ferguson, said the office was waiting for direction from the court on how to proceed on its lawsuit.

Serving on the Supreme Court can be relatively lucrative. His retirement takes effect on July 31, the court said.

Chief Justice John Roberts, writing for the majority, found that the order was within the president's authority. But he added that presidents and the country have not always lived up "to those inspiring words". "It is likely that Kennedy's successor will be more anti-choice than Kennedy was", Glenn Cohen, a Professor at Harvard Law School and an expert on medical ethics, told Business Insider.

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