IT TURNS OUT THAT JUSTICE ANTHONY KENNEDY HAS DECIDED TO
RETIRE WHICH IS DISASTROUS TO CONSIDERING THE FACT THAT EVEN
THOUGH HE IDENTIFIES AS A CONSERVATIVE SUPREME COURT
JUSTICE, HE WAS THE SWING VOTE IN A NUMBER OF INCREDIBLY
IMPORTANT CASES.
THIS WILL OPEN A SEAT IN THE SUPREME COURT AND ALLOW DONALD
TRUMP TO NOMINATE WHOEVER HE CHOOSES AND THAT COULD BE A
COMPLETE AND UTTER DISASTER.
LET ME GIVE YOU THE DETAILS ON THIS RETIREMENT ANNOUNCEMENT.
SO EVEN THOUGH HE IS A CONSERVATIVE JUSTICE HE WAS NOT
SO TIED TO HIS POLITICAL IDENTITY THAT HE WOULD
ALLOW THAT TO SEEP INTO THE DECISIONS HE WOULD MAKE.
WHEN IT COMES TO INCREDIBLY IMPORTANT CASES LIKE A MARRIAGE
AND ABORTION HE MADE THE RIGHT DECISIONS.
LET ME SAY ONE QUICK THING, ANTHONY KENNEDY IS A VERY
COMPLICATED GUY AND IT IS NOT EASY TO PINHOLE HIM.
IT WAS REFRESHINGLY MODERATE ñ HE STILL HAS PLENTY OF MODERATE
DECISIONS TO BE FAIR.
THEY WOULD OFTEN VOTE IN TANDEM AND WOULD VOTE TO MODERATE THE
REST OF THE EXTREMISTS OF PEOPLE LIKE CLARENCE THOMAS AND SCALIA.
IT MUST BE NOTED THAT HE HAS DONE A COUPLE OF DISASTROUS
THINGS AND THAT BY AND LARGE ñ THE REASON WE KNOW HIM AS A
SWING VOTE IS HE WOULD SOMETIMES VOTE WITH PROGRESSIVES THAT
THAT WAS THE EXCEPTION, NOT THE ROLE.
YOU REMEMBER THE RULE WAS HE VOTED WITH CONSERVATIVES
OVERWHELMINGLY.
A COUPLE OF SUPER IMPORTANT CASES ñ BUT DO NOT FORGET THAT
KENNEDY WAS THE DECIDING VOTE AND WROTE THE MAJORITY OPINION
FOR THE WORST ñ CERTAINLY AMONG THE WORST SUPREME COURT
DECISIONS IN UNITED STATES HISTORY WHICH IS CITIZENS
UNITED.
IT WASN'T AS TERRIBLE AS IT WOULD BE IF RUTH BADER GINSBURG
ANNOUNCED HER RETIREMENT TODAY, IF THAT WAS THE CASE WE
WOULD BE IN A LOT OF TROUBLE.
BUT I THINK WE ARE STILL IN TROUBLE BECAUSE HE WASN'T AN
EXTREMIST AND I FEEL AS THOUGH SOMEONE LIKE DONALD TRUMP WILL
GO OUT OF HIS WAY TO NOMINATE SOMEONE WHO WILL VOTE ALONG WITH
THE CONSERVATIVE MEMBERS OF THE SUPREME COURT.
EVERY TIME.
THERE WILL BE NO EXCEPTIONS.
IT IS A LEGITIMATE FEAR, IT IS A FEAR I HAVE.
SOME OF THE NAMES THAT HAVE COME OUT AS POSSIBLE REPLACEMENTS ARE
VERY MUCH AGAINST ABORTION RIGHTS.
THAT CONCERNS ME ESPECIALLY WHEN YOU HAVE SOMEONE LIKE NEIL
GORSUCH ALSO IN THE SUPREME COURT.
LET'S TALK ABOUT
POTENTIAL SUPREME COURT JUSTICES.
THEY ARE SAYING MAINLY
THAT DONALD TRUMP IS PLANNING TO GO BACK TO A LIST THAT HE HAD
DEVELOPED IN CONSULTATION WITH CONSERVATIVE LEGAL SCHOLARS.
THAT ALSO GIVES YOU A SENSE OF WHAT HE IS LOOKING AT.
THAT LIST MAINLY INCLUDES PEOPLE WHO DO HAVE EXPERIENCE WORKING
IN THE COURTS WITH THE EXCEPTION OF MIKE LEE.
I DON'T THINK YOU WILL BE SELECTED BUT WHO KNOWS?
YOU NEVER KNOW.
MIKE LEE IS A VERY HARD RIGHT-WINGER AND HE SAYS I WOULD
DEFINITELY TAKE IT IF IT WAS GIVEN TO ME.
YOU DON'T HAVE TO BE ADJUDGED TO BE ON THE SUPREME COURT.
BUT IT DOESN'T MATTER, IT IS A MURDEROUS ROW OF DESPICABLE
RIGHT-WINGERS.
YOU WILL NOT GET ANY MODERATION FROM ANY OF THEM.
LIKE TRUMP THEIR MAIN DEFINING TRAIT IS GOING TO
BE HOW PRO-CORPORATE THEY ARE.
GORSUCH WAS THE ONLY JUSTICE WHO SAID IF A CORPORATION ORDERS YOU
TO FREEZE TO DEATH AND YOU DON'T LISTEN TO THE ORDER HE SHOULD BE
FIRED.
EVERY OTHER JUDGE SAID NO.
AND TRUMP AND THE REPUBLICANS WERE LIKE THAT IS OUR GUY.
I MENTIONED FERGUSON A SECOND AGO.
THINK ABOUT THE ABSURDITY OF KENNEDY'S RULING.
I DID NOT REMEMBER THIS UNTIL READING UP UPON THIS TODAY.
THE ABSURDITY WAS HUMAN BEINGS THAT WERE AFRICAN AMERICANS WERE
NOT HUMAN BEINGS.
LATER THE SUPREME COURT DECIDED ñ BUT KENNEDY SAID NOT ONLY DO
CORPORATIONS GIVE MILLIONS UPON MILLIONS TO POLITICIANS.
BUT IT DOESN'T EVEN GIVE THE APPEARANCE
OF CORRUPTION.
WHAT?
WOULD ANYBODY THINK THAT WAS ANYTHING BUT A BRIBE.
NOW THAT KENNEDY IS THROUGH ñ HE WAS THE DECIDING VOTE AMONG
THERE IN 2008, THE DECIDING VOTE AND GIVING
ONCE ON AMONG
PRISONERS HABEAS CORPUS.
HABEAS CORPUS IS ONE OF THE OLDEST WESTERN VALUES THERE IS
THAT YOU MUST PRESENT A PERSON TO A COURT AND THERE MUST BE
RULE OF LAW.
I CAN'T BELIEVE THAT DECISION WAS 54,
BUT THERE ARE MONSTERS ON THE OTHER SIDE.
DETAINEES ARE NOT PEOPLE AND THEY DON'T HAVE RIGHTS.
CORPORATIONS ARE OUR GODS.
BY THE WAY THE OVER FILE, THE CIVIL
RIGHTS HERO THERE HAS A WINE COMPANY AND SERVED WINE AT HER
LAST WHITE HOUSE CORRESPONDENCE DINNER PARTY FOR
THE
YOUNG TURKS.
DEFINITELY SOME OF THE WORST DECISIONS EVER MADE
AND THE PERSON WHO WILL REPLACE HIM WILL ALMOST DEFINITELY
BE WORSE THAN HIM.
BUT AT LEAST HE WON'T BE COMPLICATED AND WILL KNOW
EXACTLY WHAT KIND OF PERSON HE IS.
THE OTHER THING GOING AROUND ONLINE PEOPLE SAYING IS
THAT IT IS GOING TO BE 6-3.
IT IS STILL GOING TO BE 5-4
, BUT IT WILL BE A HARD IMMOVABLE FIVE.
AND ALSO THERE IS A LOT OF CONCERN ABOUTRUTH BADER
GINSBURG, IS THERE ANOTHER POSSIBILITY THAT SHE COULD
ANNOUNCE HER RETIREMENT?
NOTHING HAS BEEN MENTIONED LIKE JUSTICE
GINSBURG YET BUT WE WILL SEE HOW THIS ALL PLAYS OUT.
IT IS CONCERNING IN THE VERY LEAST.
LET ME GIVE YOU SOME OF THE TOP CONTENDERS BECAUSE IT IS
IMPORTANT TO LOOK INTO THEIR BACKGROUND AND WHAT COULD
POTENTIALLY HAPPEN IF THEY DO GET SELECTED.
HARDIMAN IS IN HIS NAME.
WE JUST THAT HARD RIGHT, AND HE IS
HARD I MAN.
I'M NOT ENTIRELY SURE WHY IT IS THAT EVERYONE THINKS THAT
CAVANAUGH IS THE MOST LIKELY TO BE APPOINTED BY DONALD TRUMP BUT
HE IS TERRIBLE WHEN IT COMES TO REPRODUCTIVE RIGHTS.
HE HAS BEEN VERY CLEAR ABOUT HOW HE DOES NOT BELIEVE IN THE
ROE V WADE RULING.
SHOULD HE BE NOMINATED AND CONFIRMED BY OUR SENATE ñ
HE LIKELY WILL BE CONFIRMED BECAUSE ALL THEY NEED IS A
SIMPLE MAJORITY TO CONFIRM DONALD TRUMP'S NOMINATION.
REMEMBER REPUBLICANS CHANGE THE RULES.
THERE ARE SO MANY LIES THE RIGHT-WING SAYS THAT THE
MEDIA DOESN'T CORRECT.
THEY SAY CONSERVATIVE JUSTICES ARE FOR PRECEDENT.
NOT TRUE.
IN FACT KENNEDY WAS A SWING VOTE THAT IS WHAT HE UPHELD ROE
V WADE IN 92.
AND OVER AGAIN, THEY DESTROYED PRECEDENT.
WHERE THEY SAID THE SUPREME COURT SAYS THIS IS THE LAW OF
THE LAND.
SO WHEN THIS GUY COMES IN YOU THINK HE WILL BE LIKE A WAIT ñ
KNOW ALL THEY CARE ABOUT IS POWER SO ONCE THEY SEE THAT
POWER YES, ROE V WADE WILL BE INSIGNIFICANT DANGER.
KENNEDY, THAT IS THE LAST PART OF HIS LEGACY, KNOWING THEY
WOULD GET A SUPER EXTREME RIGHT-WINGER UNDER TRUMP.
I GUESS KENNEDY DOESN'T MIND.
OCCASIONAL MODERATION IS ALSO UP IN FLAMES.
HE WAS HANDED OFF TO SOMEONE WHO WILL OVERTURN ANY MODERATE
DECISIONS HE MIGHT'VE EVER MADE.