Tag Archives: conservative

With liberal bloc aging, Trump may get more Supreme Court appointments

By Lawrence Hurley

WASHINGTON (Reuters) – With 86-year-old liberal Justice Ruth Bader Ginsburg enduring a series of health scares, the question of whether President Donald Trump will get to make yet another U.S. Supreme Court appointment before the 2020 election lingers as the nine justices prepare to begin their new term next week.

The justices, set to hold a private conference on Tuesday to discuss taking new cases after a three-month summer break, open their next nine-month term on Monday, with arguments pending in the coming weeks in major cases involving gay and transgender rights, immigration and other issues.

Trump, who took office in 2017 and is seeking re-election next year, already has appointed two justices – conservatives Brett Kavanaugh and Neil Gorsuch – who have pushed the court further to the right.

The court has a 5-4 conservative majority, and two of the four liberal justices are over 80 years old, including Stephen Breyer, who turned 81 last month. Ginsburg, a justice since 1993, underwent radiation therapy in August to treat a cancerous tumor on her pancreas after having two cancerous nodules in her left lung removed last December.

The stakes could not be higher for the Supreme Court.

With Trump’s fellow Republicans in control of the Senate, which wields confirmation power over federal judicial nominations, Majority Leader Mitch McConnell is well placed to push through another Trump Supreme Court appointment even if the vacancy arises close to the November 2020 election.

If Trump, running for re-election, were to win a second four-year term next year, he potentially would be able to replace both Ginsburg and Breyer, leaving the court with a rock-solid 7-2 conservative majority, possibly for decades to come. That could mean a rightward shift on numerous matters including abortion restrictions, expanding gun rights, blunting the advance of LGBT rights, maintaining the death penalty and bolstering the interests of corporations.

McConnell, who has made confirmation of Trump judicial appointees a paramount priority, made clear his intentions when asked in May at an event in his home state of Kentucky what he would do if a Supreme Court vacancy arose in 2020.

“Oh, we’d fill it,” McConnell said.

McConnell in 2016 refused to allow the Senate to act when Democratic former President Barack Obama nominated federal appellate judge Merrick Garland to fill a vacancy created by the death of conservative Justice Antonin Scalia – a move Democrats have described as the theft of a Supreme Court seat.

In justifying their inaction on Garland, McConnell and other Republicans argued that the Senate should not confirm a Supreme Court nominee during a presidential election year. Trump won the 2016 election and in 2017 named Gorsuch to replace Scalia.

‘ON MY WAY’

Ginsburg, who previously underwent treatment for colon cancer in 1999 and pancreatic cancer in 2009, is expected to be on the bench when the new term opens.

“I am on my way to being very well,” Ginsburg said on Aug. 31 during an appearance at a Washington event.

The diminutive and frail-looking justice also appeared in recent weeks alongside Justice Sonia Sotomayor at an event celebrating retired Justice Sandra Day O’Connor, 89, the first woman to serve on the court.

Compared to Ginsburg, who was a pioneering women’s rights lawyer before becoming a justice and has become something of an icon to American liberals, Breyer keeps a lower profile. His most recent public appearance was in London on Sept. 16. He is not known to have had any health scares since a bicycle fall in 2013 in which he fractured a shoulder.

Former senior Republican Senate aide Mike Davis, who runs a group called the Article III Project that he set up to support Trump’s judicial nominations, said he would expect Republicans to be energized by any potential election-year vacancy. But Davis said he also would expect Democrats to put up a fight.

“If people thought that Justice Kavanaugh’s confirmation fight was ugly, just wait until the next one,” Davis said, referring to contentious Senate hearings in which Kavanaugh denied allegations of decades-old sexual misconduct.

No president since Republican Ronald Reagan has appointed more than two justices to the Supreme Court. Reagan named three in his eight years as president, from 1981 to 1989. The last president to have had more than two Supreme Court appointments in his first term in office was Republican President Richard Nixon, who named four in that term running from 1969 to 1973.

Since Nixon was first elected, Republican presidents have filled 14 of the 18 Supreme Court vacancies that have arisen.

Liberal activists are resigned to the idea that Republicans would seize on any opening to expand the court’s conservative majority, even if a vacancy occurs close to the 2020 election.

“They would jump at the chance to make it (the conservative majority) 6-3. I don’t think it matters to them. It’s a raw power grab on their part,” said Christopher Kang, chief counsel at the liberal legal activist group Demand Justice.

If Senate Republicans push through a nomination – in particular in a scenario in which a Trump selection is confirmed after he loses the election but before a new president takes office – it would build momentum among Democrats for an idea promoted by some liberals for adding more seats to the court to loosen the conservative stranglehold, Kang said.

(Reporting by Lawrence Hurley; Additional reporting by Andrew Chung and Richard Cowan; Editing by Will Dunham)

Bruised but driven, Netanyahu becomes Israel’s longest-serving PM

FILE PHOTO: Israel's Prime Minister Benjamin Netanyahu points to a red line he has drawn on the graphic of a bomb as he addresses the 67th United Nations General Assembly at the U.N. Headquarters in New York, U.S., September 27, 2012. REUTERS/Lucas Jackson/File Photo

By Dan Williams

JERUSALEM (Reuters) – Benjamin Netanyahu makes history this weekend by becoming the longest-serving Israeli prime minister, surpassing a record held by the country’s founding father David Ben-Gurion.

Yet the conservative leader, who will match Ben-Gurion’s 8,475 days in office on Friday, is limping across that line, facing an election in September after an inconclusive April ballot, and a possible corruption trial.

“Who’s counting?” he said airily when asked about the career milestone during a conference hosted by the sympathetic Israel Hayom newspaper and attended by U.S. envoys.

To judge from his solid approval ratings, Netanyahu, 69, has delivered what Israelis wants: a purring economy and relative security despite the collapse of peacemaking with the Palestinians and combustible fronts with Syria and Lebanon.

He has also rallied a rising Israeli right-wing with rhetoric against the country’s Arab minority, and cut down potential political challengers with divide-and-conquer tactics.

Netanyahu became Israel’s youngest-ever premier in 1996, serving until his defeat in a 1999 election. Re-elected in 2009, he extended his tenure through the ballot box in 2013 and 2015.

But in a surprise turn, he failed to form a new coalition government after claiming victory in an election three months ago, and now serves as a caretaker prime minister.

That means a do-over in September, just weeks before prosecutors are expected to decide whether to indict Netanyahu in three graft cases, which he has castigated as a witch-hunt.

STATECRAFT

Netanyahu has scored a string of statecraft goals with the help of President Donald Trump: U.S. recognition of Jerusalem as Israel’s capital and of Israeli sovereignty over the occupied Golan Heights, as well as Washington’s withdrawal from world powers’ 2015 nuclear deal with Israel’s arch regional foe Iran.

He may be one of the few world leaders who can boast a rapport with both Trump and Russian President Vladimir Putin.

And to the delight of Jewish settlers in the occupied West Bank, he has sidestepped the Palestinians with outreach to Arab Sunni Muslim rulers who share his concerns over Iran.

Israel’s center-left opposition, and many of its foreign friends, worry, however, that Netanyahu has missed a chance to find a two-state deal with the Palestinians to safeguard the Jewish majority and democratic credentials of his country.

Tom Segev, an Israeli historian, said that while Netanyahu’s political longevity might be seen as a success story, “it may also be that…we will remember him more for leading Israel down the road to more oppression of the Palestinians”.

Dore Gold, a veteran Netanyahu envoy who now heads the Jerusalem Center of Public Affairs think-tank, described the U.S.-educated premier as influenced by his late father, Benzion Netanyahu, a scholar of Jewish persecution during the Spanish Inquisition.

“I think he sees himself as someone who will do whatever is possible, anything in his power, to protect his people from any future disaster,” Gold said in summarizing Netanyahu’s legacy.

Netanyahu’s political strategy has included emulating Trump in blunt social media attacks on his rivals that have underlined deep divisions within Israel society.

Much like Ben-Gurion, Netanyahu has doubled as defense minister and bolstered the military as part of an uncompromising distrust of Israel’s neighbors and a doctrine of self-reliance.

But the two leaders cut two very different figures.

Plain-spoken and diminutive, the Polish-born Ben-Gurion stepped down as collectivist prime minister in 1963, aged 76, and retired to a spartan desert hut. The telegenic, English-fluent Netanyahu is a free-market champion who favors cigars and American sports tropes, and keeps a beachfront villa.

(Writing by Dan Williams; Editing by Jeffrey Heller/Mark Heinrich)

UK government would accept parliament decision for soft Brexit: Barclay

Britain's Secretary of State for Exiting the European Union Stephen Barclay is questioned by British lawmakers in the Parliament in London, Britain April 3, 2019, in this screen grab taken from video. Reuters TV via REUTERS

LONDON (Reuters) – Britain’s Conservative government would accept parliament’s choosing a so-called ‘soft’ Brexit after failing to secure backing for Prime Minister Theresa May’s deal, Brexit minister Stephen Barclay said on Wednesday.

“You are then left with an unpalatable choice, in my view, but a choice nonetheless between either not having Brexit (…)or you end up with what is referred to as a softer Brexit,” Stephen Barclay told a committee of lawmakers on Brexit, when asked on the way forward.

“Ultimately, if that is where the numbers of the House of Commons go, then the government would, in order to bring this to a resolution in the national interest, would accept what the house voted for,” he said.

(Reporting by Elisabeth O’Leary; editing by Michael Holden)

Eyeing conservative U.S. top court, two states pass abortion measures

FILE PHOTO: The U.S. Supreme Court is seen in Washington, U.S., June 11, 2018. REUTERS/Erin Schaff/File Photo

By Dan Whitcomb

(Reuters) – Voters in Alabama and West Virginia on Tuesday passed ballot measures that could pave the way for new limits or a full ban on abortion in those states if the conservative-majority U.S. Supreme Court overturns the 1973 ruling that legalized abortion.

In Oregon, meanwhile, an initiative that would prohibit the use of taxpayer money to fund abortion except in cases of medical necessity appeared headed for defeat.

The U.S. Supreme Court, in its landmark 1973 Roe v. Wade decision, legalized abortion nationwide, and the justices have reaffirmed a woman’s constitutional right to have an abortion in subsequent rulings since then.

Abortion opponents hope the addition of President Donald Trump’s appointee Brett Kavanaugh to the Supreme Court, replacing a retired justice who had protected abortion rights and cementing a 5-4 conservative majority, will lead to a dramatic scaling back or outright reversal of abortion rights recognized under the 1973 ruling.

In Alabama, an amendment to the state’s constitution to formally “recognize and support the sanctity of unborn life and rights of children, including the right to life” was leading by a margin of 59 percent to 40 percent with 96 percent of precincts counted, according to the New York Times.

The Republican-backed Amendment 2 does not specifically outlaw or restrict abortion in Alabama. But Republican state Representative Matt Fridy has said he wrote the measure with the Supreme Court’s conservative majority in mind.

“We want to make sure that at a state level, if Roe v. Wade is overturned, that the Alabama Constitution cannot be used as a mechanism by which to claim that there is a right to abortion,” Fridy told Fox News in an August interview.

In West Virginia, a ballot measure amending the state’s constitution to say that “nothing in this constitution secures or protects a right to abortion or funding of abortion” was ahead 51 percent to 48 percent with 54 out of 55 precincts reporting.

The Republican-led West Virginia legislature voted in March to put the initiative on the ballot, with lawmakers saying they wanted to make clear there was nothing in the state constitution preventing them from passing abortion-related legislation should the Roe ruling be overturned or narrowed.

Oregon’s Measure 106 would amend the state constitution to bar the use of public money to fund abortions except in cases of medical necessity or where mandated by federal law.

“All three of these instances are the latest in a long string of attacks on access to reproductive healthcare nationally,” said Katie Glenn, Alabama state director for Planned Parenthood Southeast Advocates. “Amendment 2 in Alabama specifically would pave the way to ban abortion without exception, regardless of whether the person was a victim of rape or incest or if their life is at risk.”

A number of Republican-governed states over the years have passed laws seeking to put restrictions on abortion, some of which have been invalidated by the courts.

The Supreme Court in 2016 bolstered constitutional protections for abortion rights when it threw out key parts of a Texas law that imposed hard-to-meet regulations on abortion facilities and doctors, finding the measure placed an “undue burden” on a woman’s ability to obtain an abortion in violation of a 1992 high court precedent.

Anthony Kennedy, the retired justice who Kavanaugh replaced, sided with the court’s four liberals in the 2016 ruling.

Overturning Roe would end a constitutional right to abortion, enabling individual states to set their own policies.

Alabama and West Virginia are among the states that already have laws on the books imposing certain restrictions on abortion, according to the Guttmacher Institute. The institute said four states have laws that would automatically ban abortion if Roe were to be reversed, seven states have laws that express an intention to restrict abortion as much as possible in the absence of Roe, and nine states still have on the books their unenforced, pre-Roe abortion bans.

(Reporting by Dan Whitcomb; Editing by Scott Malone and Will Dunham)

After fight that split U.S., Kavanaugh wins place on Supreme Court

Judge Brett Kavanaugh is sworn in as an Associate Justice of the U.S. Supreme Court by Chief Justice John Roberts as Kavanaugh's wife Ashley holds the family bible and his daughters Liza and Margaret look on in a handout photo provided by the U.S. Supreme Court taken at the Supreme Court building in Washington, U.S., October 6, 2018. Fred Schilling/Collection of the Supreme Court of the United States/Handout via Reuters

By Richard Cowan, Amanda Becker and David Morgan

WASHINGTON (Reuters) – The Republican-controlled U.S. Senate on Saturday confirmed Brett Kavanaugh to the Supreme Court, dismissing anger over accusations of sexual misconduct against him and delivering a major victory to President Donald Trump who has now locked in a conservative majority on the court.

By a vote of 50-48, the deeply-divided Senate gave the lifetime job to Kavanaugh, 53, after weeks of fierce debate over sexual violence, alcohol abuse and his angry response to the allegations that convulsed the nation just weeks before congressional elections on Nov. 6.

Kavanaugh will help take the highest U.S. court to the right, perhaps for many years, and his confirmation is a bitter blow to Democrats already chafing at Republican control of the White House and both chambers of the U.S. Congress.

Conservatives will now have a 5-4 majority in any future legal battles on contentious issues such as abortion rights, immigration, transgender rights, industry regulation, and presidential powers.

Adding to a dramatic day on Capitol Hill, women protesters in the Senate gallery shouted “Shame on you!” and briefly interrupted the vote.

Another group of protesters stormed toward the doors of the nearby Supreme Court building with raised fists. Police stood guard at the doors.

Kavanaugh was sworn in by Chief Justice John Roberts shortly after the vote.

Kavanaugh’s nomination blew up into a personal and political drama when university professor Christine Blasey Ford accused him of sexually assaulting her in the upstairs bedroom of a home in a wealthy suburb of Washington in 1982.

Two other women accused him in the media of sexual misconduct in the 1980s.

Kavanaugh fought back against the accusations, denying them in angry and tearful testimony before the Senate Judiciary Committee that was viewed live on television by around 20 million people.

Trump, who called Kavanaugh to congratulate him on Saturday, said he was “100 percent” certain that Ford named the wrong person in accusing the judge.

Speaking to reporters aboard Air Force One while flying to a campaign rally in Kansas, Trump said of Kavanaugh: “We’re very honored that he was able to withstand this horrible, horrible attack by the Democrats.”

Michael Bromwich, a lawyer for Ford, said in a tweet that Kavanaugh’s confirmation capped, “A week that will live in infamy for the U.S. Senate, permanently diminishing its stature.”

A few Republican senators who had wavered over whether to vote for Kavanaugh finally backed him this week, saying they did so in part because a brief FBI investigation found no corroborating evidence of Ford’s accusations.

Democrats said the FBI probe was nowhere near wide enough.

Trump watched the vote on a large-screen television tuned to Fox News in a wood-paneled cabin on the plane. He flashed two thumbs up when the final vote was declared and aides on board applauded.

The Senate confirmation allows him to hit the campaign trail ahead of the congressional elections saying that he has kept his 2016 promise to mold a more conservative American judiciary.

At a political rally in Mississippi on Tuesday, Trump mocked Ford’s account of what she says was a drunken attack on her by Kavanaugh when they were teenagers.

For weeks, senators from both parties decried the harsh and often emotional rhetoric in the clash over Kavanaugh, a federal appeals court judge with a history of advancing Republican causes.

But Senate Majority Leader Mitch McConnell, a Republican, dismissed the prospect of lingering bitterness among senators. “These things always blow over,” he told a news conference.

WOMEN PROTESTS

Hundreds of protesters against Kavanaugh gathered on the grounds of the Capitol and at the Supreme Court. A total of 164 people were arrested in the protests, U.S. Capitol Police said.

Residents of a townhouse near the Washington home of Senator Susan Collins, a moderate Republican whose backing helped get Kavanaugh over the line on Saturday, flew the flag of the lawmaker’s home state Maine upside down in protest.

Accusations against Kavanaugh energized the #MeToo social media movement that emerged after high-profile accusations of sexual assault and harassment by men in politics, the media and the entertainment industry.

Democrats said Kavanaugh’s partisan defense of himself, in which he said he was victim of a “political hit,” was enough itself to disqualify him from the court.

The dispute over Kavanaugh has added fuel to campaigning for the elections in November when Democrats will try to take control of Congress from the Republicans.

Several polls show that Republican enthusiasm about voting, which had lagged behind, jumped after the Kavanaugh hearing last week.

McConnell told Reuters that the political brawl over Kavanaugh will help Republicans at the ballot box.

“Nothing unifies Republicans like a court fight,” McConnell said in an interview ahead of the vote. “It’s been a seminal event leading into the fall election.”

But Democrats hope women angered at the Kavanaugh accusations will turn out in large numbers to reject Republicans.

During Saturday’s vote, senators were showered with cries of “We will not forget,” and “Survivors vote” from protesters in the Senate gallery.

Democrats must gain at least two Senate seats and 23 House seats at the elections to claim majorities in each chamber, enabling them to block Trump’s agenda and investigate his administration. The Democrats are seen as having more chance of winning control of the House of Representatives than the Senate.

Senator Dianne Feinstein, the senior Democrat on the Senate Judiciary Committee, said on Twitter: “Confirming Brett Kavanaugh in the face of credible allegations of sexual assault that were not thoroughly investigated, and his belligerent, partisan performance…undermines the legitimacy of the Supreme Court.”

Kavanaugh succeeds retired Justice Anthony Kennedy, who was often the decisive swing vote on social issues.

The showdown over Kavanaugh had echoes of current Supreme Court Justice Clarence Thomas’ contentious confirmation hearings in 1991 involving sexual harassment allegations lodged against him by a law professor named Anita Hill.

(Reporting by Amanda Becker, Richard Cowan and David Morgan; Additional reporting by Ginger Gibson and David Brunnstrom in Washington and Roberta Rampton on Air Force One; Editing by Alistair Bell)

Kennedy’s departure puts abortion, gay rights in play at high court

FILE PHOTO: Supreme Court Associate Justice Anthony Kennedy speaks during a swearing in ceremony for Judge Neil Gorsuch as an associate justice of the Supreme Court in the Rose Garden of the White House in Washington, DC, U.S., April 10, 2017. REUTERS/Carlos Barria/File Photo

By Lawrence Hurley

WASHINGTON (Reuters) – U.S. Supreme Court Justice Anthony Kennedy’s retirement, announced on Wednesday, could put some of his signature rulings in jeopardy, including ones that expanded or preserved gay rights and abortion rights.

Kennedy is a conservative, but he joined the court’s four liberals to cast deciding votes on several key social issues, most notably on gay marriage.

His successor will be picked by President Donald Trump from a White House list of 25 names recommended by conservative legal activists, and the new justice is likely to take a less liberal tack than Kennedy did on at least some issues. If so, he or she will provide a fifth vote for the court’s conservatives rather than its liberals – and over time reshape the U.S. legal landscape.

“It’s extremely likely President Trump is going to appoint someone who is not going to follow Justice Kennedy’s lead in those cases and will go even further in undermining constitutional rights and degrading the rule of law,” said Elizabeth Wydra, president of the liberal leaning Constitutional Accountability Center.

Without Kennedy, she said, the court would have overturned Roe v. Wade, the 1973 case establishing a woman’s right to abortion. It would also have prevented gay people from marrying and ended university admissions programs that take race into account, she said.

New cases on gay rights and abortion could reach the high court in short order.

Legal battles are already developing over newly enacted laws restricting abortion, including one in Arkansas that effectively bans medication abortions. The Supreme Court opted not to intervene in a case challenging that law in May, saying it would wait for lower courts to rule, but the issue is likely to return to the court in coming years.

Anti-abortion activists celebrated Kennedy’s announcement.

“Justice Kennedy’s retirement from the Supreme Court marks a pivotal moment for the fight to ensure every unborn child is welcomed and protected,” said Marjorie Dannenfelser, president of pro-life group Susan B. Anthony List.

She noted that Trump has previously pledged “to nominate only pro-life judges to the Supreme Court.”

Another live issue expected to come back to the court is whether people who run businesses can refuse service to gay couples because of religious objections to same-sex marriage.

In an opinion this year by Kennedy in a case involving a Colorado bakery, the court on a 7-2 vote ruled narrowly on the issue, but it punted on the larger question of whether to allow religious-based exemptions to anti-discrimination laws. That issue could be back before the justices as soon as the court’s next term, which starts in October, in a case involving a Christian florist

Kennedy cast decisive votes backing gay rights on four occasions, most notably in 2015 when the court legalized same-sex marriage.

Gay rights activists, while praising Kennedy’s votes, expressed alarm about his departure from the bench.

“The Supreme Court has done a lot to change the position of LGBT people in America, but there are big open questions the court may well weigh in on in the future, so there’s a lot at stake,” said James Esseks, a lawyer with the American Civil Liberties Union who works on gay rights cases.

Esseks said he is hopeful the new justice will embrace recent legal victories in gay rights battles and urged senators to press the nominee on the issue during the confirmation process after Trump announces his pick.

Liberal advocacy groups had long feared Kennedy’s retirement, and his announcement provoked instant anxiety. Planned Parenthood Federation of America, a nationwide abortion provider, said it was bracing for Trump to appoint a justice to overturn Roe v. Wade.

“The significance of today’s news cannot be overstated: The right to access abortion in this country is on the line,” said Dawn Laguens, the group’s executive vice president.

(Reporting by Lawrence Hurley; Additional reporting by Andrew Chung; Editing by Sue Horton)

Retiring Justice Kennedy left his mark on American society

FILE PHOTO: U.S. Supreme Court Associate Justice Anthony Kennedy arrives for the funeral of fellow justice Antonin Scalia at the Basilica of the National Shrine of the Immaculate Conception in Washington, February 20, 2016. REUTERS/Carlos Barria/File Photo

By Lawrence Hurley and Andrew Chung

WASHINGTON (Reuters) – Anthony Kennedy left an indelible mark on American society in his three decades as a mild-mannered and professorial justice on the U.S. Supreme Court in areas as varied as gay rights, abortion, the death penalty and political spending.

Kennedy, who announced his retirement on Wednesday at age 81, became the swing vote on the ideologically divided court after fellow traditional conservative Justice Sandra Day O’Connor retired in 2006. He was the most centrist of the five conservatives currently on the court and was willing to join the liberal justices in major cases, although he delivered strongly conservative opinions in others.

“His jurisprudence prominently features an abiding commitment to liberty and the personal dignity of every person. Justice Kennedy taught collegiality and civil discourse by example,” conservative Chief Justice John Roberts said in a statement.

“His work has made an impressive contribution to the development of the law in many fields, and he will surely be remembered as one of the most important justices in the history of the court,” added conservative Justice Samuel Alito.

Nominated by Republican President Ronald Reagan, Kennedy joined the court in 1988 and followed a deliberative, middle-of-the-road approach. During arguments, Kennedy leaned forward in his black leather chair, looking earnest and wearing wire-rimmed glasses, often asking probing questions of the lawyers.

He authored the 2015 ruling that legalized same-sex marriage nationwide, in one of several cases in which he voted to expand gay rights. Kennedy wrote that the hope of gay people intending to marry “is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”

Although championing gay rights, Kennedy authored a ruling this month that handed a victory on narrow legal grounds to a Colorado baker who, citing his Christian beliefs, refused to make a wedding cake for a same-sex couple.

Kennedy joined the liberals in upholding abortion rights, including a 2016 ruling that struck down a Texas abortion law imposing strict regulations on doctors and facilities. The decision was the strongest endorsement of abortion rights in the United States in more than two decades.

In latter years, Kennedy appeared to evolve on race issues, inching toward his liberal colleagues over policies intended to tackle historic racial discrimination. In 2016, he wrote a ruling that upheld the consideration of race in college admissions in policies designed to boost the enrollment of minority students.

Kennedy also backed limitations on the application of the death penalty, agreeing with liberal colleagues that juveniles and the mentally ill should not be eligible for execution.

‘MODERATING FORCE’

“Justice Kennedy was a critical moderating force on the Supreme Court for decades,” American Civil Liberties Union legal director David Cole said.

“He cast deciding votes to protect freedom of speech, to prevent the overturning of abortion rights, to limit state anti-immigration laws, to stop the execution of children, and to preserve affirmative action. His greatest legacy may rest with his decisions recognizing the dignity and rights of lesbians, gay, and bisexual people. His attention to human dignity and individual rights will be missed,” Cole added.

Kennedy also has heartened conservatives. He authored a 2010 ruling that lifted restrictions on corporate and union-funded independent expenditures during political campaigns. The ruling, based on free-speech rights, prompted considerable criticism, including from then-President Barack Obama.

He joined his fellow conservatives in the 2000 ruling that effectively gave the U.S. presidency to Republican George W. Bush, rather than Democrat Al Gore, by preventing any more vote recounts in Florida.

This week, Kennedy joined the other conservative justices in rulings that upheld the legality of Republican President Donald Trump’s travel ban targeting several Muslim-majority nations, shut down a key source of revenue for labor unions and blocked a California law regulating Christian-based clinics that counsel women against abortion.

Michael Farris, general counsel of the Christian conservative legal group, Alliance Defending Freedom, took issue with “decisions where Justice Kennedy created ‘rights’ not found in or intended by the United States Constitution. He deeply disappointed many Americans with his constitutional jurisprudence favoring abortion and same-sex marriage.”

But Farris praised Kennedy’s protection of freedom of speech including in Tuesday’s decision striking down California’s law that required the anti-abortion centers to notify clients of the availability of state-subsidized abortions.

Kennedy, previously a federal appeals court judge in California, was actually Reagan’s third choice for the job.

After the Senate defeated Reagan’s first choice, conservative firebrand Robert Bork, and his second choice, Douglas Ginsburg, withdrew his nomination after the disclosure he had previously smoked marijuana, Kennedy was nominated. He was confirmed by a 97-0 Senate vote.

Kennedy relished the role of teacher and intellectual. He has an avid interest in English literature, particularly Shakespeare, and in court history.

(Reporting by Lawrence Hurley and Andrew Chung; Writing by Will Dunham; Editing by Peter Cooney)

Justice Kennedy, U.S. Supreme Court’s pivotal vote, to retire

By Lawrence Hurley

WASHINGTON (Reuters) – Supreme Court Justice Anthony Kennedy said on Wednesday he plans to retire after three decades as a pivotal vote on the highest U.S. judicial body, giving President Donald Trump an opportunity to make the court more firmly conservative.

The conservative Kennedy, who turns 82 in July and is the second-oldest justice on the nine-member court, has become one of the most consequential American jurists since joining the court in 1988 as an appointee of Republican President Ronald Reagan. He proved instrumental in advancing gay rights, buttressing abortion rights and erasing political spending limits. His retirement takes effect on July 31, the court said.

“It has been the greatest honor and privilege to serve our nation in the federal judiciary for 43 years, 30 of those years on the Supreme Court,” Kennedy said in a statement.

The statement issued by the court said that Kennedy’s decision was motivated by his decision to spend more time with his family.

Kennedy is a traditional conservative who sometimes joined the liberal justices on key rulings, earning a reputation as the court’s “swing” vote who heartened conservatives and liberals alike, depending on the issue. Kennedy on Tuesday joined the court’s four other conservatives in giving Trump a huge legal victory by upholding the Republican president’s travel ban targeting people from several Muslim-majority countries.

Kennedy’s decision was disclosed on the final day of the court’s current term, which began in October. On Wednesday, he joined his fellow conservative justices in a 5-4 ruling that dealt a major setback to organized labor by shutting off a key union revenue source.

Trump on Wednesday said Kennedy had great vision and heart. The president said he will begin a search immediately for a new justice, with a list of 25 candidates. The Republican-led Senate can be expected to push to have the new nominee confirmed and on the court before the justices begin their next term in October.

Trump already has left an imprint on the court, restoring its 5-4 conservative majority with the appointment of Justice Neil Gorsuch last year after the president’s fellow Republicans in the Senate in 2016 refused to consider Democratic former President Barack Obama’s nominee, Merrick Garland.

While Kennedy’s replacement will not change the numerical ideological balance on the court, Trump could appoint a justice who would be more staunchly conservative than Kennedy and less likely to occasionally side with the court’s liberal wing.

MAJOR SOCIAL ISSUES

Without Kennedy on the bench, the high court could move to the right on major social issues including abortion and gay rights. Kennedy wrote the landmark 2015 ruling that legalized same-sex marriage nationwide.

Conservative activists have long dreamed of building a firmly conservative majority on the court that would push to overturn the landmark 1973 ruling in the case Roe v. Wade that legalized abortion nationwide.

Kennedy disappointed conservatives by joining Supreme Court decisions that affirmed the Roe decision, including a landmark 1992 ruling in the case Planned Parenthood v. Casey.

Gorsuch already has demonstrated that he is one of the most conservative members of the court, aligning himself with Justices Clarence Thomas and Samuel Alito. [nL1N1OE2GT]

The U.S. Senate, which must confirm nominees before they can join the court, is controlled 51-49 by Trump’s fellow Republicans, meaning that if they remain unified they can overcome any Democratic opposition like that mounted against Gorsuch. Senate Republicans changed the chamber’s rules during the Gorsuch nomination battle to prevent Democrats from insisting on a 60-vote super-majority, allowing court nominees to win confirmation by a simple majority vote.

Kennedy personally delivered his retirement letter to the White House on Wednesday afternoon, after he told his fellow justices of his plans at their afternoon conference.

Trump picked Gorsuch from a list of names, mostly conservative federal appeals court judges, he circulated during his 2016 election campaign. The White House last November issued an expanded list that includes other prominent conservatives, including Judge Brett Kavanagh, a former Kennedy law clerk who serves on the U.S. appeals court in Washington.

While Kennedy sided with conservative colleagues on many issues and authored the landmark 2010 ruling that allowed unlimited corporate spending in political campaigns, his tenure also included strong support for the liberal cause of gay rights.

Kennedy, mild-mannered and professorial, followed a thoughtful, middle-of-the-road approach and often posed probing, intellectual questions of lawyers arguing cases. He became the swing vote on the ideologically divided court after fellow centrist conservative Justice Sandra Day O’Connor retired in 2006.

Kennedy was Reagan’s third choice to fill the court seat left open by the retirement of Lewis Powell in 1987. The Senate rejected Reagan’s first nominee, outspoken conservative Robert Bork, in a fierce partisan fight and second choice Douglas Ginsburg withdrew after admitting to past marijuana use.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Ann Coulter rejects Berkeley’s bid to reschedule speech

FILE PHOTO: Commentator Ann Coulter speaks to the Conservative Political Action conference (CPAC) in Washington, February 12, 2011. REUTERS/Jonathan Ernst

By Dan Whitcomb and Mark Hosenball

(Reuters) – Conservative commentator Ann Coulter said on Thursday she could not speak at the University of California, Berkeley, on a new date chosen by the university and intended to show up for the original event, which was canceled over security fears.

Officials at U.C. Berkeley, who abruptly canceled her planned April 27 speech on Wednesday citing security concerns, reversed course on Thursday and rescheduled the event for May 2.

U.C. Berkeley Chancellor Nicholas Dirks said in a statement the university had canceled the April 27 event based on specific threats “that could pose a grave danger to the speaker.”Dirks said the university, in its commitment to free speech, had found an “appropriate, protectable” venue where Coulter’s speech could go forward in a safe environment on May 2.

However Coulter, who had vowed after the cancellation to show up for her April 27 speech anyway, said she and her security detail could not arrange to be on campus on May 2 ” … and there will be no students there that week!”

“So I’m planning on speaking on the 27th as scheduled. Maybe they will arrest me,” she said in an email to Reuters.

The university’s academic calendar shows that May 1-5 is a “reading/ review/ recitation period” before final exams.

Harmeet Dhillon, an attorney representing two groups organizing Coulter’s speech, also sent a letter to the university on Thursday demanding she be allowed to speak on the original date.

One of the country’s best-known conservative pundits, Coulter had been scheduled to speak to a college Republican club about her 2015 book, “¡Adios, America!: The Left’s Plan to Turn Our Country Into a Third World Hellhole.”

Berkeley is known as the birthplace of the student-led Free Speech Movement of the 1960s. As with other U.S. colleges and universities, it has tried to find a balance between ideological openness, student safety and student opposition to what some describe as “hate speech.”

Several conservative speakers have been met with disruptive, sometimes violent, protests when invited to speak at U.S. universities with liberal-leaning student bodies in recent months.

In canceling Coulter’s speech on Wednesday, UC Berkeley cited violence that broke out at the campus in February, hours before right-wing media personality Milo Yiannopoulos was scheduled to speak there.

U.S. President Donald Trump, who had taken office just days earlier, threatened to cut off funding to the school after the violence surrounding Yiannopoulos’ planned lecture and U.C. Berkeley’s decision to cancel it.

(Reporting by Jonathan Allen in New York, Mark Hosenball in Washington, D.C., and Dan Whitcomb in Los Angeles; Editing by Frances Kerry, Andrew Hay and Paul Tait)

Trump’s pick Gorsuch sworn in, restoring top court’s conservative tilt

Chief Justice of the United States John Roberts (C) looks on as Judge Neil Gorsuch (R) signs the constitutional oath during swearing-in ceremony at the Supreme Court in Washington, U.S.

By Lawrence Hurley

WASHINGTON (Reuters) – Neil Gorsuch, picked by President Donald Trump and confirmed by the Republican-led Senate, was sworn in as a U.S. Supreme Court justice at the White House on Monday and was poised to have an instant impact on a court once again dominated by conservatives.

Trump earned the biggest political victory of his presidency and fulfilled a major campaign promise when the Senate voted on Friday to confirm the conservative federal appeals court judge from Colorado to the lifetime job despite vehement Democratic opposition. With Gorsuch aboard, the court once again has five conservative justices and four liberals.

Gorsuch took his judicial oath in a White House Rose Garden ceremony with Trump watching on, filling a vacancy that lingered for nearly 14 months after the death of conservative Justice Antonin Scalia in February 2016. The oath was administered by Justice Anthony Kennedy, for whom Gorsuch worked as a clerk as a young lawyer. Gorsuch will become the first justice to serve alongside a former boss.

All the other members of the court were at the ceremony, including liberal Justice Ruth Bader Ginsburg, who called Trump “a faker” last year during the presidential campaign but later said she regretted the remark. Trump at the time called on her to resign and said her “mind is shot.”

Scalia’s widow, Maureen, also attended the ceremony.

Gorsuch earlier in the day took his separate constitutional oath, administered by Chief Justice John Roberts, in a private ceremony at the Supreme Court with the other justices.

Trump made Gorsuch, 49, the youngest Supreme Court nominee since Republican President George H.W. Bush in 1991 selected Clarence Thomas, who was then 43. Gorsuch could be expected to serve for decades, and Trump could make further appointments to the high court to make it even more solidly conservative, with three of the eight justices 78 or older: Ginsburg, 84; fellow liberal Stephen Breyer, 78; and conservative swing vote Kennedy, 80.

Gorsuch will take part in the court’s next round of oral arguments, starting on April 17. They include a closely watched religious rights case on April 19 in which a Missouri church is objecting to being frozen out of state funds for a playground project due to a state ban on providing public money to religious organizations.

He is expected to take part in oral arguments in 13 cases during the court’s current term, which ends in June.

Gorsuch can be expected to have have an immediate impact of the court. He takes part on Thursday in the justices’ private conference to decide which cases to take up. Appeals are pending before the justices on expanding gun rights to include carrying concealed firearms in public, state voting restrictions that critics say are aimed at reducing minority turnout, and letting Christian business owners object on religious grounds to providing gay couples certain services.

Gorsuch could also play a vital role in some cases on which his new colleagues may have been split 4-4 along ideological lines and therefore did not yet decide. Those cases potentially could be reargued in the court’s next term, which starts in October.

Gorsuch’s wife, Louise, and his two daughters were also present at the private constitutional oath ceremony at the court, said Supreme Court spokeswoman Kathy Arberg. Louise Gorsuch held a family Bible as her husband took the oath, Arberg said.

The Senate, which last year refused to consider Democratic former President Barack Obama’s nomination of Merrick Garland, voted 54-45 to confirm Gorsuch.

(Reporting by Lawrence Hurley; Editing by Will Dunham)