Below is my column in the Hill Newspaper on the implications of a rumored retirement by Justice Anthony Kennedy. If nothing else, it allowed me to discuss the anniversary of the Ypres Salient explosion in World War I — the mining of the German line with massive bombs. While we often discuss how a nominee could change the Court on issues like Roe v. Wade, the replacement of either Kennedy or Ruth Bader Ginsburg would potentially collapse the long static lines on the Court. Like trench warfare, the 4-4 split on the Court has moved little in areas like abortion. It could now evaporate in the flash of a confirmation (assuming that Chief Justice John Roberts does not step into the role of swing vote on the Court).
Here is the column:
View original post 1,291 more words