Day 156: Tipping The Balance Toward Trump

The Trump presidency has already been bad enough. The appointment of another Trump Supreme Court Justice could compound the problems exponentially.

Rumors are circulating hot and heavy that Justice Anthony Kennedy is considering stepping down at the conclusion of the current Supreme Court term (the Court usually takes an extended break in the summer and the end of June marks the end of the term).

I haven’t always agreed with Anthony Kennedy. In fact, I think that his decisions on the cases of Citizens United v. FEC, which opened up our electoral levees to a flood of dark money, Shelby County v. Holder, which removed Section 5 from the Voting Rights Act and allowed southern states the luxury of going around pre-clearance requirements from the Department of Justice and effectively gutted the measure and Burwell v. Hobby Lobby, which opened the door for companies to discriminate against employees (particularly women) using religious grounds as an excuse.

With that said, a Kennedy retirement and a Trump appointed Supreme Court Justice in his place would be a disaster. Roe v. Wade would almost certainly be scrutinized and possibly gutted or overturned. Other decisions on redistricting, voting rights and other important issues like the Muslim Ban could go the way of Trump, which would be disastrous for people of color and women.

This isn’t a decision that we can control. But for the country’s sake, I hope Kennedy can hang on until 2021 at the earliest. The current balance of the court isn’t great, but its not yet the worst case scenario that Trump could make it.


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