With his departure, a divided court that often decides cases with a 5-4 split, is likely to be at an impasse until he is replaced, and will likely lean to the right if a Trump appointee takes the bench in his stead.
U.S. Senate Democratic leader Charles Schumer said on Wednesday the Senate should reject any Supreme Court nominee put forth by President Donald Trump who would vote to overturn the Roe v. Wade abortion decision or "undermine" healthcare protections.
Liberal groups bemoaned Kennedy's decision, as the Sacramento native appointed by Ronald Reagan has been a key swing vote in a number of court cases that bolstered progressive goals.
"Justice Kennedy is a star".
University of Chicago Law Professor Geoffrey Stone told the legal news website conservatives now on the nation's hight court bench have a history of overturning precedent - including Wednesday's ruling in a union fees case. He has written all the court's major gay-rights decisions, including the 2015 ruling that declared same-sex marriage is a constitutional right nationwide. The Republican Party refused to allow the Senate to consider president Barack Obama's nominee for the previous vacancy, moderate Merrick Garland. Following the Supreme Court's decision, the president wrote on Twitter, in capital letters: "SUPREME COURT UPHOLDS TRUMP TRAVEL BAN.
That will begin immediately", he told reporters in the Oval Office on Wednesday afternoon, shortly after a half-hour meeting with Justice Kennedy, 81. "And women who are poor, who might not have the resources to take time off of work or stay in a hotel out of state, would be more likely to either bring pregnancies to term or terminate them illegally using something like black-market medication".
Trump already has a list of 25 candidates - 24 judges and Utah Senator Mike Lee - and said he would choose a nominee from that list. "That research will be immensely important, and so will be the questions that we ask, as they were with Justice Gorsuch, even though we disagreed with the result".
Mr Trump has said the policy is needed to protect the country against attacks by Islamic militants.
The court's decision "swallows wholesale government lawyers' flimsy national security excuse for the ban instead of taking seriously the president's own explanation for his actions", Jadwat added.
Ms. Perry, who got to know Justice Kennedy during a year studying the Supreme Court in the 1990s, said his moderation will be particularly missed.
There is one would-be justice among the federal appeals judges on Trump's shortlist who would scoop the median-voter title from Roberts, at least as measured by Judicial Common Space scores - and that's Thomas Hardiman, a judge who serves on the 3rd U.S. Circuit Court of Appeals.
- Just one in three Dutch Turks vote in the Turkish election: AD
- About 30 parents separated from kids released
- Top spot up for grabs for Spain, Portugal
- Mascherano: Messi is desperate to help Argentina
- OPEC and allies reach agreement to share oil production increase
- US Online Shopping Is About To Get More Expensive
- Granit Xhaka's Wonder Goal Against Serbia
- Iran v Spain: Isco impressed with Hierro's seamless adaptation
- Trump wants 'these people' who 'invade our Country' sent right back
- 28-year-old socialist upsets 10-term Congressman in NY Democratic primary