Justice Kennedy has made three extraordinary decisions that will leave a legacy that has literally changed American society forever: The Right of Gay couples to be married, the Citizen’s United and the decision to retire during the Trump Presidency. The decisions on the Constitutional Right of Gay people to marriage certainly changed society and the concept of Gay marriage seems accepted by most of our society. However, no Constitutional Right will be safe under a Trump appointed Court.
Citizens United effectively ended democracy in the United States through the widespread corruption of politics. There is an argument the Russians and a terrible Hillary campaign had more to do with Trump being elected than big money contributions, but the net effect of Citizens has been to enable corporations to determine who the candidates will be in any major election. This is especially true since Kennedy helped other Conservatives to end the Union Movement and gut anti-trust safeguards. For decades, Conservatives have railed against “judicial activism” but the present SCOTUS has ignored numerous, long-standing legal precedents mostly in cases involving the rights of women and of Labor.
The worse effect of Kennedy will be the calculated decision to allow Trump – someone who has no respect for the rule of law – to appoint the next Justice and guarantee an activist, reactionary Court for decades. Trump has already promised to only appoint Anti-Choice candidates. The nibbling around the corners of the Roe v Wade decision has been ongoing for decades, but the fundamental Right has been affirmed. This SCOTUS has already shown an activist willingness to ignore decades of legal precedent to effect their conservative agenda, they will have no problem going right at Roe.
Don’t look to Dems to prevail in the fight to delay the vote on a replacement until after November. The GOP will drag it out as long as they can to continue to motivate their base, but in the end, they will confirm a reactionary Justice before November. Trump will have at least two Justices that will have pledged loyalty to him, in the event of any challenge to the Mueller Investigation. The lasting legacy of Justice Kennedy will be the catastrophe he has been for our democracy and basic Rights.