Kennedy Retirement May Tilt Supreme Court Balance; Communications Impact Murky
Supreme Court Justice Anthony Kennedy's effective retirement could alter court leanings, given his frequent swing votes, but the impact on communications law is unclear, attorneys told us Wednesday. The court said Kennedy will shift from active to senior status July…
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31. "This is a momentous development for the nation, but I don't think this has significance for communications law in the near term," emailed Andrew Schwartzman, senior counselor at Georgetown Law’s Institute for Public Representation. Others called Kennedy a strong defender of free speech rights and noted he authored indecency and other media rulings. Citing recent 5-4 decisions and new Justice Neil Gorsuch, National Religious Broadcasters CEO Jerry Johnson urged President Donald Trump to once again nominate "a Constitution-honoring individual in the mold of" late Justice Antonin Scalia. Sen. Shelley Moore Capito, R-W.Va., also sought a nominee similar to Gorsuch. But Dianne Feinstein, D-Calif., Senate Judiciary Committee ranking member, called Kennedy a "pivotal and important" justice, and said no consideration of a replacement should be considered until after the November election. Sen. Patrick Leahy, D-Vt., respected Kennedy's "independence," even when they disagreed, and urged Trump to "abandon his 'short-list' of far-right" nominees. Among those issuing statements commending Kennedy were Senate Judiciary Chairman Charles Grassley, R-Iowa (here); Sen. Orrin Hatch, R-Utah, a former Judiciary chairman (here); Sen. Rob Portman, R-Ohio (here); and House Judiciary Committee Chairman Bob Goodlatte, R-Va. (here).