The U.S. Supreme Court's longest-serving active member announced his retirement on the last day of the term. (Getty)
Justice Kennedy's Retirement To Upset High Court Balance
Associate Justice Anthony Kennedy, 81, the U.S. Supreme Court's most senior member, is stepping down from the bench, the court announced Wednesday. His retirement will hand President Donald Trump the chance to replace a crucial swing vote and shift the ideological balance of the court to the right.
KENNEDY'S LEGACY
When Partisan Passion Raged, Kennedy Was The Vote To Get
Throughout his three-decade run on the U.S. Supreme Court, Justice Kennedy leveraged his precious swing vote to forge robust legacies in free speech, LGBT rights and capital punishment, clerks and court watchers told Law360 after the justice announced his retirement.
From Iqbal To Citizens United: Kennedy's Biggest Decisions
In his three decades on the high court, Justice Kennedy authored opinions that changed the rules for federal civil litigation, opened the floodgates for corporations and unions to fund campaign advertisements, and reshaped the legal landscape for women and same-sex couples.
Justice Kennedy Leaves Mixed Record On Civil Rights
Justice Kennedy perhaps became best known for upholding the constitutional right to abortions and to same-sex marriage, but his deference to states' rights and his inclination to take a race-blind approach to legal analysis have complicated his civil rights legacy.
Kennedy Appealed To Human Dignity In Criminal Cases
Justice Kennedy's legacy in the criminal justice realm is one of promoting human dignity, a philosophy that saw him at times rule for the power of law enforcement to protect victims and at others for the rights of defendants, former clerks say.
Why The Defense Bar Celebrates Kennedy
Justice Kennedy spent his three decades on the high court making a name for himself as a champion of individual freedoms, but he also authored the majority opinion in Ashcroft v. Iqbal that changed corporate litigation so much, it is cited in nearly every dismissal bid and has become the bane of the plaintiffs bar.
'Goodbye, Tony!' Justices Bid Farewell To Kennedy
As Justice Kennedy prepares to step down after three decades on the bench, his colleagues stepped forward to share stories about the man they know as "Tony," describing a thoughtful coworker who built enduring friendships and made a lasting mark on the legal landscape.
Roberts Becomes True Power As 'Kennedy Court' Ends
The retirement of Justice Kennedy means that Chief Justice John Roberts is now the U.S. Supreme Court's most important member not just in title but also in reality, empowering him to advance a muscular conservative agenda and perhaps broker deals with outgunned liberals.
FILLING THE BENCH
Trump Plows Ahead With Supreme Court Selection Process
President Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.
Trump Says He Will Announce Supreme Court Nominee July 9
President Trump said Friday he will announce his nominee to take Justice Anthony Kennedy's place on the U.S. Supreme Court on July 9, and that he has narrowed down the pool of candidates to "around" five people, including two women.
GOP Kicks Off Race To Confirm Kennedy Replacement
Supreme Court Justice Anthony Kennedy's retirement announcement echoed like a starting gun in the Senate, setting off a sprint from Senate Republicans who said they plan on having his replacement confirmed before the fall elections.
Delay On Kennedy Replacement 'Ain't Going To Happen': GOP
High-ranking Republicans on the Senate Judiciary Committee stood firm Thursday on keeping Majority Leader Mitch McConnell's promise to vote this fall on a replacement for retiring U.S. Supreme Court Justice Anthony Kennedy, with one saying Democrats' calls to wait until after the November midterms "ain't going to happen."
Life After Kennedy: 1 Big Question, 6 Judges To Watch
President Donald Trump made it clear that the world already knows the name of the person he is going to nominate to replace retiring Justice Kennedy. The question is, which name will it be?
FALLOUT FOR PRACTICE AREAS
ANTITRUST
Justice Kennedy's Important Antitrust Opinions
While Justice Anthony Kennedy penned opinions in cases that had sweeping impacts on the legal landscape and society — like Iqbal and the same-sex marriage cases — he also made some important contributions to antitrust law on cases involving pricing practices and state action immunity.
Kennedy's Departure Leaves Privacy Limits Up In Air
Justice Kennedy regularly sided with law enforcement in disputes over whether crime-fighting tactics spurred by advances in technology crossed Fourth Amendment privacy lines, but there's no guarantee that his successor will come down the same way, even though their political leanings are likely to be similar, attorneys say.
EMPLOYMENT
Post-Kennedy Court Likely To Take Narrow View Of Title VII
A circuit split on whether Title VII's ban on workplace sex discrimination includes bias based on sexual orientation had civil rights advocates hoping the U.S. Supreme Court would declare that federal law protects gay workers, but Justice Kennedy's retirement means that's a long shot, experts say.
ENVIRONMENTAL
Kennedy's Exit Puts Climate Change Regulations On Thin Ice
The retirement of Justice Kennedy throws the future of federal climate change action into doubt, as experts say a more conservative high court could not only undo or neuter its landmark decision that greenhouse gases are pollutants, but also scuttle legal challenges of governmental decisions to regulate climate change and other environmental hazards.
SECURITIES
Kennedy Known For Careful Scrutiny Of Statutory Language
Retiring Justice Kennedy is known — and will be missed — for his meticulous scrutiny of the language of the law, a characteristic that can be found in abundance in a 2008 majority opinion written by Kennedy that placed limits on who could be held liable in securities fraud class action cases.
TAX
Sales Tax Decision Looms Large In Justice Kennedy's Legacy
Justice Kennedy's retirement announcement follows on the heels of his majority opinion on the taxation of out-of-state retailers — a monumental decision that reflects his longstanding support for balancing states' sovereign rights against the federal government's powers.
TELECOM
Kennedy's Exit Could Make It Harder For FCC To Win In Court
A sampling of Justice Kennedy's telecom-related decisions over the years yields a nuanced view of when a government agency's original interpretation — particularly at the Federal Communications Commission — should be given preference.
PODCAST
Law360's Pro Say: The Supreme Court's Dizzying Final Week
The end of the U.S. Supreme Court's term this week was filled with fireworks. The high court upheld President Donald Trump's travel ban and dealt a significant blow to public-sector organized labor, and then Justice Anthony Kennedy capped it all off by announcing his retirement, sparking a dizzying debate over both his legacy and his replacement. The Pro Say team tackles it all on this week's podcast.
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