#KennedyWatch: Will Justice Kennedy Step Down Today?

Supreme Court Justice Anthony Kennedy speaks to faculty members at the University of Pennsylvania law school, Thursday, Oct. 3, 2013, in Philadelphia. (AP Photo/Matt Slocum)

Last week, rumors started flying (again) that Justice Anthony Kennedy will be stepping down today. It has the Twitterverse, the blogosphere, and the media would buzzing, and for good reason – this could fundamentally change the make-up of the Supreme Court.

Now, we actually have no idea that this is going to happen. Much like Supreme Court decisions, predicting what Justices are going to do is a fool’s game. This could all be much ado about nothing, after all…

…but, these rumors have been persistent since November. I know, because Dan Spencer reported on them then, and I reported on the rumors again in February.

I can’t guarantee that Kennedy will step down today anymore than I can’t guarantee he won’t. It’s foolish to speculate on the matter, frankly.

…but, it would be fun as all hell, wouldn’t it? We’re talking about a political climate that obliterated the nuclear option for judicial nominees. It’s a climate where Democrats are freaking out left and right about their losses, and adding losses at the Supreme Court would further thwart their plans.

We’re talking about a modern Democratic Party that refuses to allow pro-lifers into its movement facing the possibility of a revisited Roe v. Wade. They are already freaking out about that thought.

Then again, conservatives can’t feel too confident. Donald Trump is an unknown quantity here. It is unclear how he’d react to such a vacancy. His supporters would like us to think that he’s going to nominate a die hard conservative judge, but… you simply don’t know.

It is an interesting mental exercise. Just what will happen here, and who is going to be the big loser if it does happen? I guess we’ll pay way too much attention to the news feeds and see if Kennedy’s name pops up. As always, we’ll bring whatever news we find to you guys when it happens.