Here we go again. There will be a vacancy on the U.S. Supreme Court and President Donald Trump will soon make a nomination.
Will the nominee have enough liberal leanings to be acceptable to the Democrats? Will the nominee have enough of a conservative bent to satisfy Republicans?
It seems that’s more important than a nominee’s knowledge of the law. There was a time when members of Congress didn’t put so much weight on a nominee’s political ideology. But today that’s very important to members of Congress.
The law is the law but how it is written gives leeway to interpretations, which can be liberal or conservative decisions. It seems that too many laws and court decisions are written so that they can be interpreted several ways as to their intent. Others are clear — crystal clear.
The reasoning in some interpretations of the law, or federal or state constitutions, often is suspect. Clarity often is lacking in legal wordings. Confusion can result.
Justice Anthony Kennedy, 81, announced his retirement Wednesday. It is effective at the end of July. He has been on the Supreme Court for more than 30 years. He was a Republican appointee. He has held the key vote on such issues as abortion, affirmative action, gay rights, guns, campaign finance and voting rights.
With his resignation, the court will be split between four liberal justices and four conservative justices. The four liberal justices were appointed by Democratic presidents. The four conservatives were appointed by Republicans.
President Trump has appointed one justice. Neil Gorsuch was confirmed in April 2017. The president is said to have a list of 25 candidates for the nomination.
Whomever he nominates, there will be a fight in Congress over the nomination. Politics as usual!