Just hours after Justice Anthony Kennedy announced his retirement from the highest court in the country, conservative and liberals alike began weighing in on what’s next. Louisiana congressman Steve Scalise tweeted late Wednesday ”looking forward to President Donald Trump nominating a strong constitutional conservative to the seat.”
At the same time, Democrats are pushing back saying this is too close to an election for there to be any consideration of a nominee.
"Either way, Kennedy’s exit means the loss of justice who was said to have led from the center. He sided mostly with conservatives but also with liberals.“There were certain things that struck Justice Kennedy as a matter of conscience and when that was triggered he acted accordingly,” said Keith Werhan with Tulane School of Law.
Justice Kennedy, appointed by President Ronald Reagan, was the crucial swing vote on big cases ranging from affirmative action to guns to gay rights, where he wrote “they ask for equal dignity in the eyes of the law. The constitution grants them that right.”
“If you know anything about the court’s history you know decision can be overturned,” said Frank Perez, a New Orleans LGBT historian.
Perez thinks Trump’s nominee will be a far different person than Justice Kennedy.
“There is great concern among many people not just from the LGBT community that a lot of landmark decisions are going to reserved,” said Perez.
Of the decisions where Kennedy was the decisive vote, Keith Werhan with Tulane School of Law says he thinks Roe v. Wade is the most vulnerable to being overturned but adds that right now there are more questions than answers.
“There are lots of questions that come into play now that we're not in play before,“ said Werhan.
Senator Mitch McConnell in 2016 refused to hold confirmation hearings for President Barack Obama's Supreme Court pick. Now, Democrats will do their best to try hold off the hearings until after the midterms, though republicans control the senate and will need a simple majority. Vice President Mike Pence will serve as the tie breaker.