Justice Anthony Kennedy Retires

On June 27, U.S. Supreme Court Justice Anthony Kennedy said he will retire next month.

Justice Kennedy has not been a friend of minor party or independent candidate ballot access. The last time the U.S. Supreme Court mentioned minor party ballot access was in 2005, when five of the nine justices said helpful things about the issue. Justice Sandra Day O’Connor wrote a concurrence in Clingman v Beaver, saying “The State is itself controlled by the political party or parties in power, which presumably have the incentive to shape the rules of the electoral game to their own benefit…As such restrictions become more severe, and particularly where they have discriminatory effects, there is increasing cause for concern that those in power may be using electoral rules to erect barriers to electoral competition.” Justice Kennedy did not join this concurrence, although four justices either joined this concurrence, or joined the dissent which said very similar things.

Justice Kennedy also wrote the opinion in Arkansas Educational TV v Forbes, which said the Constitution permits public radio and television to sponsor debates that include only the Democratic and Republican nominees. And he joined the opinion in Timmons v Twin Cities Area New Party, which upheld the ability of states to ban letting two parties jointly nominate the same candidate.

Kennedy did dissent, however, in the 1992 case that said Hawaii could ban write-in voting, Burdick v Takushi.


Comments

Justice Anthony Kennedy Retires — 9 Comments

  1. Will the K replacement cause more 5-4 over-rulings of lots of earlier SCOTUS JUNK Ops ???


    ie the ENTIRE line of JUNK starting with 1968 Williams v Rhodes.

    — to get EQUAL ballot access tests for ALL individual candidates for the SAME office in the SAME area.

  2. 14-2 — ignored by K and fellow morons — since 1868 — a mere 150 years of SCOTUS party hack MORONS.

  3. Any New Age Occult SCOTUS related websites —

    compiling ALL the SCOTUS opinions —

    giving each a left/right winners ranking ??? —

    with each robot hack SCOTUS votes for winners or losers ???

    Thus —

    K votes for leftists
    K votes for rightists
    K votes for neither — since he was brain dead in case
    Etc.

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