June 29, 2018--The Supremes

Fret not. At least not yet. 

Yes, Anthony Kennedy is stepping down from the Supreme Court, and liberals and moderates (if there are any of these left) are concerned that his so-called "swing vote" and moderating presence will depart with him. 

And so if Trump nominates and the Senate confirms (as they will--leave that to Mitch McConnell) a stealth arch-conservative similar to Clarence Thomas' new best friend, associate justice Neil Gorsuch, say goodbye to any hope that on key occasions justice Kennedy will join the four progressives on the court and things will be at least a little right with the world.

I hate to sound cynical, but Kennedy isn't so moderate and hasn't often, in truth, been that swinging a Supreme. 

With the exception of gay rights and in limited ways abortion rights, where as a libertarian he has been supportive (after all he's from Northern California) he has almost always been the dependable fifth vote, joining the four knee-jerk conservatives.

This year, for example, on all but one occasion he joined the right-wing four. So if he swings, almost all the time he swings to the right.

Thus his leaving the court will not change that much.

But here's what to fret about--

RBG. Ruth Bader Ginsberg.

She seems still to be vital, but at 85, the court's oldest justice, a pancreatic cancer surviver, how much longer can she schlepp herself to her chambers?

(With Kennedy retired--he is 81--the next oldest justice is liberal Stephen Breyer, who is 79.)

I'm no doctor, but though RBG could make it through the remainder of Trump's (first?) term, what are the odds of her being around for the four years after that? I'm not a betting person but . . .

I hate myself for saying this, but considering her medical history, if RBG genuinely cared about the issues she has devoted her life to--like the various rights of women--why didn't she step down during the first half of Barak Obama's first term when the Democrats controlled not only the White House but both houses of Congress? It would have been possible for him to nominate and ram a moderate through the Senate confirmation process.

Then we would have little to fret about. But now we need to do more than fret but to worry and I mean worry profoundly.

More than anything else we need to vote in November and work hard between now and then to increase turnout.