- ALL EYES ARE ON THE IMPLICATIONS OF THE RETIREMENT
OF U.S. SUPREME COURT JUSTICE ANTHONY KENNEDY.
IN WISCONSIN PLAINTIFFS IN THE LEGISLATIVE REDISTRICTING
LAWSUIT HAD HOPED TO SWAY KENNEDY IN A RENEWED CASE BEFORE
THE HIGH COURT.
BUT WITH THE JUSTICE REGARDED AS A SOMETIMES SWING VOTE STEPPING
DOWN THIS SUMMER, THOSE PARTICULAR HOPES WOULD APPEAR TO
BE DASHED.
WHAT ARE OU OTHER IMPLICATIONS F HIS DEPARTURE.
FOR THAT WE TURN TO UW-MADISON POLITICAL SCIENCE PROFESSOR RYAN
OWENS.
JUSTICE KENNEDY WILL BE GONE BY THE TIME WISCONSIN'S CASE WOULD
HAVE A CHANCE TO KIND OF GO BACK UP.
WHAT DOES ALL THIS SAY ABOUT THE GILL V. WHITFORD CLAIM?
- I WOULD THINK AT THIS POINT PARTISAN GERRYMANDERING AS A KEY
TOPIC THAT THE COURT IS GOING TO LOOK AT, I THINK THE DECKS HAVE
CLEARED FOR THAT.
I DON'T THINK THERE'S GOING TO BE ANY APPETITE ON THE SUPREME
COURT OTHER THAN AMONG THE FOUR LIBERAL JUSTICES TO REALLY GET
INVOLVED IN THIS ISSUE.
AMONG THE CONSERVATIVES KENNEDY WAS THE ONLY ONE WHO SIGNALED
ANY INTEREST IN THE MATTER WHATSOEVER AND I CAN'T IMAGINE
THAT PRESIDENT TRUMP WOULD NAME A SUCCESSOR WHO WOULD SHARE HIS
INTEREST IN THAT TOPIC.
I WOULD THINK IN TERMS OF TRYING TO MOVE THE BALL FORWARD ON THAT
ISSUE, IT'S JUST DEAD IN THE WATER.
- MORE GENERALLY, THERE'S ALTERNATELY GLEE AND
DESPONDENCE.
WHAT WILL HIS DEPARTURE MEAN GOING FORWARD FOR THE COURSE OF
THE COURT?
- I THINK THERE'S A NUMBER OF THINGS THAT ARE GOING TO HAPPEN
NOW THAT HE HAS RETIRED.
I MEAN, THE MOST IMMEDIATE THING IS IF YOU ASSUME THAT PRESIDENT
TRUMP NOMINATES A CONSERVATIVE, WHICH WE HAVE EVERY REASON TO
BELIEVE HE WILL, IT'S GOING TO MAKE JUSTICE ROBERTS THE SWING
VOTE ON THE COURT AND THAT WILL MAKE HIM PROBABLY THE MOST
POWERFUL CHIEF JUSTICE IN MODERN HISTORY, SINCE JUSTICE MARSHALL.
HE'LL BE SITTING IN THE MIDDLE OF THE COURT AND WILL ALLOW THE
COURT TO MOVE TO THE RIGHT ONLY SO FAR AS HE WANTS IT TO.
THAT'S ONE OF THE IMMEDIATE IMPLICATIONS.
NOW, IF YOU WANT TO TALK A LITTLE BIT ABOUT DOCTRINE OR
TOPICS THAT MIGHT BE UP FOR GRABS, I THINK A LOT OF PEOPLE
HAVE TALKED ABOUT ABORTION.
OTHERS HAVE TALKED ABOUT SAME-SEX MARRIAGE.
I DON'T SEE EITHER ONE OF THOSE TWO ITEMS BEING AT THE TOP OF
THE LIST FOR A MORE CONSERVATIVE COURT.
I WOULD THINK THAT TOPICS LIKE AFFIRMATIVE ACTION MIGHT BE.
THERE'S A LOT OF PHILOSOPHICAL DISAGREEMENT ON THE RIGHT WITH
USING RACIAL STANDARDS IN THE SELECTION OF SAY COLLEGE
APPLICATIONS OR WORK OR THINGS OF THAT NATURE.
CHIEF JUSTICE ROBERTS SAID IN A CASE NOT TOO LONG AGO THAT THE
WAY TO STOP DISCRIMINATING BASED ON RACE IS TO STOP
DISCRIMINATING BASED ON RAILS.
SO I THINK THAT'S CLEARLY GOING TO BE SOMETHING THAT THE COURT
WILL CONSIDER.
- WHY DON'T YOU THINK THOSE OTHER SOCIAL ISSUES WILL BE
UNDER CONSIDERATION?
- I THINK THE SAME-SEX MARRIAGE CASE, I THINK YOU SAW THE COURT
-- MANY OF THE JUSTICES SORT OF MOVE PROBABLY PERSONAL LYL ON
THAT MATTER SOMEWHAT TO THE LEFT.
CHIEF JUSTICE ROBERTS DID NOT LIKE THE METHODOLOGY THE COURT
USED TO SUSTAIN THE RIGHT TO SYM SEKS MARRIAGE.
BUT NOW THAT THAT RIGHT IS THERE, I'M NOT SURE THAT HE
WANTS TO PUT THE COURT'S CAPITAL ON THE LINE AND TAKE IT AWAY,
ESPECIALLY SO QUICKLY AFTER IT WAS GRANTED.
- ANY HAZARD ON YOUR PART ON THE LONG LINE OF POSSIBILITIES
WHO THE PRESIDENT WILL PUT FORWARD?
- HE PUT OUT A SHORT LIST A WHILE AGO.
THERE ARE A FEW CANDIDATES WHO HAVE TO BE RISING TO THE TOP.
FOUR OF THEM THAT I HAVE IN MIND, AMY CONEY BARRETT OUT OF
THE 7TH CIRCUIT COURT OF APPEALS, RAYMOND KEFLICH OUT OF
THE 6TH CIRCUIT.
WE'VE GOT BRETT CAVANAUGH FROM THE D.C. CIRCUIT COURT OF
APPEALS.
AND JUDGE DUPAR.
THEY ALL COME WITH ADVANTAGES.
BARRETT IS A CONSERVATIVE FEMALE CATHOLIC JUDGE.
SHE COULD HELP OUT WITH SOME OF THOSE FOLKS.
APAR WOULD BE THE FIRST INDIAN SUPREME COURT JUSTICE, VERY
CONSERVATIVE AS WELL.
CAVANAUGH IS A CONSERVATIVE.
KEVLITCH IS WELL-KNOWN.
ANY OF THOSE WOULD BE GOOD SELECTIONS.
- WE NEED TO LEAVE IT THERE.
THANKS VERY MUCH.
- YOU BET.