Justice Kennedy’s Retirement Gives Conservatives a Huge Opportunity
Photo: Carolyn Kasner/AP
On Wednesday, U.S. Supreme Court Associate Justice Anthony Kennedy announced his retirement.
Justice Kennedy was known as a frequent swing voter on the court. He was appointed by President Ronald Reagan in February of 1988.
This news came as a surprise, causing many on the left to go into a frenzy. Kennedy's retirement allows for President Trump to potentially nominate a strong conservative to the court. Opponents fear that this could possibly open doors for the Supreme Court to overturn past decisions, shaping the legal system for generations.
But this is not how our judicial system works. The judiciary is not a legislative body— its duty is to interpret the law, not write it. Moreover, the Supreme Court simply does not revisit cases. For them to overturn anything, a new lawsuit would have to make its way up through the lower courts until the Supreme Court grants certiorari.
Regardless, many feel that the future of upholding Roe v. Wade is up in the air. The controversial 7-2 decision made in 1973 stated that the Due Process Clause of the 14th Amendment allowed for a woman’s right to have an abortion. Conservatives are widely and correctly known for being outspoken against this landmark decision. Liberals and leftists hold this decision sacrosanct—and are afraid that with a new conservative justice, the decision will be overturned.
What many fail to realize is that the very person who brought Roe v. Wade to light, Norma Leah McCorvey Nelson (legal pseudonym Jane Roe) herself had a change of heart — she became an avid Pro-Life activist later in her life and converted to Roman Catholicism.
If Nelson would become pro-life after she won her Supreme Court case allowing for women to have abortions, wouldn’t that indicate that there is something inherently wrong with abortion and the taking of an unborn child's life? This is why conservatives see an opportunity to do what they feel is right, protecting the unborn.
President Trump appointing another strong conservative to the court could also allow for future rollbacks on the effects of affirmative action, a racist policy strongly opposed by the right. Those in favor of affirmative action claim it bridges “inequalities” between majority and minority races, but it does exactly the opposite. It allows for an unfair college admissions standard, often leading to many qualified students, on the basis of merit, being denied — simply in the name of "diversity" and "inclusion".
There are many other potential effects that will be debated on both sides due to Justice Kennedy’s retirement— but beware. Confirming a new Justice, especially a hardline conservative, will not be an easy task for the President— especially with a Republican Congress that holds a slim majority.
Keyden Smith-Herold is the Editor-in-Chief of The Daily Analytical, (dailyanalytical.com) a brand new publication.