Liberals, conservatives prepare for possible Supreme Court …
Supreme Court Justice Anthony Kennedy, here arriving for the funeral of Justice Antonin Scalia in 2016, will set off a brutal campaign over his successor if he retires this spring.(Photo: Chip Somodevilla, Getty Images)
WASHINGTON There is no vacancy atthe Supreme Court, but liberal and conservative activists are ready to do battle overone.
The potential retirement of Justice Anthony Kennedy the deciding vote on dozens of controversial cases over a 30-year careerhas energized both sides for what likely would be the most divisive confirmation battle in decades.
Strategy sessions are being held with increasingfrequency. Commercial messages are being crafted in favor and against any potential nominee. Moderate senators on both sides of the political aisle whose votes will be critical already have targets on their backs.
Unlike last year, when Justice Neil Gorsuch of Colorado was confirmed to the seat of the late JusticeAntonin Scalia, a fellow conservative, any nominee chosen by President Trump would push the court further to the right. That has liberal interest groups on high alert.
"Its hard to fathom something more important to our rights and freedoms,and especially at this critical time for our democracy," says Kristine Lucius, executive vice president for policy at the Leadership Conference on Civil and Human Rights, a coalition of more than 200organizations. "I think you would see engagement larger than you've seen in recent memory."
Conservative groups that came together in the $17 million campaign leading to Gorsuch's confirmation a year ago are prepared for a similar effort to unify Republicans around the next nominee.
We have a policy of always being ready," says Carrie Severino, chief counsel at the Judicial Crisis Network, which ran television ads in key states aimed at pressuring wavering Republicans and Democrats. "We are prepared for a vacancy, whenever that might be.
Both sides are ready for a reason. The last justices to retire, David Souter and John Paul Stevens, announced their plans in April 2009 and 2010. Their successors, Sonia Sotomayor and Elena Kagan, were nominated in May, confirmed in August and hearing cases byOctober.
The court concluded the term's oral arguments Wednesday with another high-profile case towhich Kennedy likely holds the key Trump's immigration travel ban on five predominantly Muslim countries. Kennedy's wife, Mary, watched from a special guest seat.
The preparation, however, may be for naught. Kennedy, 81, has been tight-lipped about his plans, and his cloutas the court's swing vote is at its zenith. With Senate Republicans holding only a 51-49 edge and Sen. John McCain, R-Ariz., seriously ill with brain cancer, Kennedy nominated to the court in 1987by President Reagan maydecide now is not the time to drop the legal equivalent of a nuclear bomb.
If he calls it quits, attention swiftly will turn to those believed to be atopTrump's list of 25 potential replacements. They include federal appeals court judges Brett Kavanaugh of the District of Columbia, Thomas Hardiman of Pennsylvania, Raymond Kethledge of Michigan,Amy Coney Barrett of Indiana and Amul Thapar of Kentucky.
"Our goalwill be to humanize that person by telling their story right away," says Ron Bonjean, a former top adviser to House and Senate Republican leaders who helped with Gorsuch's confirmation. "And television advertising is going to be a big part of that.
A conservative nominee could create what Supreme Court expert Lee Epstein at Washington University School of Law has saidwould be the most conservative court in 80 years. For that reason, liberals would do their best to defeat the nomination.
Says Nan Aron, president of the liberal Alliance for Justice:It would be malpractice on our part not to be ready.
President Barack Obama's nomination of federal appeals court Judge Merrick Garland was doomed in 2016.(Photo: Pablo Martinez Monsivais, AP)
Trump's opportunity to replace Kennedy, if it comes, would motivate Democrats in much the same way that President Obama's attempt to replace Scalia in 2016 moved Republicans. That's because Kennedy, while conservative on business cases and others, has been a liberal and decisive voiceon social issues such as abortion andgay rights.
It will make everything that has happened previously look small, says Anita Dunn, a senior partner at SKDKnickerbocker, the strategic communications firm at the fulcrumof opposition to Gorsuch last year.
While that ended in defeat, liberals hope improved planning, marketing and particularly fundraising will be more effective the second time around. They planto model the effort on the successful "Protect Our Care" campaign to stop Republicans in Congress from repealing Obamacare.
Expect to hear a lot about abortion rights, which Kennedy helped to protect in a 2016 case from Texas, and gay rights, three years after Kennedy wrote the 5-4 opinion legalizing same-sex marriage. Pro-choice Republican senators such as Susan Collins of Maine and Lisa Murkowski of Alaska would be prime targets.
"The easiest way to lose one of them is abortion," says Curt Levey, president of the conservative Committee for Justice.
Liberals also hope to use public support for gun control, as well asthe court's potential role in cases involving Trump as president, candidate or businessman, as reasons to oppose his nominee.
Their effort would be concentrated in places such as Maine, Alaska,Arizona and Tennessee, focusing on moderateas well as retiring senators. Indiana, Montana, North Dakota and West Virginia, where Democratic senators are running for re-election in Trump strongholds, also would be targets.
To succeed, liberals may need to catch up to conservatives financially. They are hoping to collect donations from groups such as George Soros's Open Society Foundations to match what conservatives expect from the likes of Charles and David Koch. But they also wouldtap supporters of gay rights, women's rights, environmental protection and other popular left-wing causes.
We have fewer billionaires than they do, and we have fewer millionaires than they do," says Ian Millhiser, a legal analyst at the liberal Center for American Progress. "We have less money to go around.
Any battle to replace Justice Anthony Kennedy will focus on key senators such as Maine's Susan Collins, here with high court nominee Neil Gorsuch before his confirmation last year.(Photo: J. Scott Applewhite, AP)
Conservative groups had to defend Scalia's seatin 2016-17 by opposing Obama's nominee, federal appeals court Judge Merrick Garland, and championing Gorsuch. This time, they wouldbe on offense, seeking to pick up a fifth solidly conservative justice.
Fortunately for Republicans, they control the White House and Senate, where Majority Leader Mitch McConnell refused to consider Garland in 2016, then cleared the way for Gorsuch by abolishing the 60-vote requirement needed to bring Supreme Court nominations to the floor.
"Success follows success," Bonjean says. "I think donors are going to be more emboldened to provide the necessaryresources for television advertising and for grass-roots.
White House counsel Don McGahn and outside adviser Leonard Leo,executive vice president of the Federalist Society, wouldplay key roles along with the Judicial Crisis Network and the Kochs' grass-roots organization, fronted by Americans for Prosperity.
If and when there is an announcement about the Supreme Court, our activists will understand the significance, says Rebecca Coffman, spokeswoman for the Koch network, which is heavily involved in the effort to name conservatives to lower federal courts."This is an issue that were going to permanently engage on, and were going to scale up our efforts.
Other outside groups, such as the National Rifle Association, Family Research Counciland Heritage Actionalso wouldbe active in the effort.
Its more of a federation, a loosely connected coalition," says Tony Perkins, president of the Family Research Council. "Everybody doing their own thing, but in a coordinated fashion.
For now, both sides are waiting for Kennedy to tip his hand and possibly tip the balance on the Supreme Court for years to come.
Were playing for a generation," Aron says. "Whoever his successor is could well cement the right half on the court and the country for the next 40 years.
Gorsuch: Justice Gorsuch confirms conservatives' hopes, liberals' fears in first year on Supreme Court
Ginsburg: 'Feeling fine' at 85: Justice Ruth Bader Ginsburg fends off retirement
Roberts: Chief Justice Roberts: Will he be Trump's friend or foe?
Read or Share this story: https://usat.ly/2HEG04V
Originally posted here:
Liberals, conservatives prepare for possible Supreme Court ...
- A reply to the New Statesman: Britains middle-class liberals are ready for nothing - Revolutionary Communist Party - November 26th, 2025 [November 26th, 2025]
- Melanon: Quebec Liberals the talk of the town for the wrong reasons - Montreal Gazette - November 26th, 2025 [November 26th, 2025]
- Marriage and Parenting Are Now Partisan Issues, With Liberals Falling Behind - Focus on the Family - November 26th, 2025 [November 26th, 2025]
- The Sloane effect: Why we cant stop watching the Liberals - The Sydney Morning Herald - November 26th, 2025 [November 26th, 2025]
- Liberals are playing silly games with the military again: Full Comment podcast - National Post - November 26th, 2025 [November 26th, 2025]
- Melanon: Quebec Liberals the talk of the town for the wrong reasons - Yahoo News Canada - November 26th, 2025 [November 26th, 2025]
- After poring over documents, Wakeham says N.L. deficit likely higher than previously reported by Liberals - CBC - November 26th, 2025 [November 26th, 2025]
- Bosnias liberals are enabling a far-right fascist to get closer to power - thecanary.co - November 26th, 2025 [November 26th, 2025]
- Conservatives say Liberals are padding youth job numbers with half-summer positions - Western Standard - November 26th, 2025 [November 26th, 2025]
- MR. RIGHT: How To Politely Nuke The Liberals At Your Thanksgiving Dinner - dailycaller.com - November 23rd, 2025 [November 23rd, 2025]
- Newsroom edition: can the Liberals survive an existential crisis? Full Story podcast - The Guardian - November 23rd, 2025 [November 23rd, 2025]
- Liberals to target international students and skilled migrants in proposed cuts to immigration - The Guardian - November 23rd, 2025 [November 23rd, 2025]
- Carneys Liberals win budget vote and avoid election in Canada - AP News - November 23rd, 2025 [November 23rd, 2025]
- Liberal Party MP - at least I think hes an MP, its hard to keep track of people this irrelevant - is upset because I wont kneel before the new... - November 23rd, 2025 [November 23rd, 2025]
- Mark Speakman stands down as leader of NSW Liberals with Kellie Sloane expected to replace him - The Guardian - November 23rd, 2025 [November 23rd, 2025]
- Liberals hoped their border bill would quickly pass. Now they're aiming for next year - CBC - November 23rd, 2025 [November 23rd, 2025]
- How MAGA Hijacked Patriotismand What Liberals, and America, Lost - LA Progressive - November 23rd, 2025 [November 23rd, 2025]
- After ousting from Quebec Liberals, Rizqy's former chief of staff fires back with lawyer's letter - Montreal Gazette - November 23rd, 2025 [November 23rd, 2025]
- Chris Selley: Here's to the MP who's not afraid to denounce the Liberals' 'national school lunch' program - National Post - November 23rd, 2025 [November 23rd, 2025]
- Conservative MP says Liberals 'buried' policy change over cost of care for veterans - CBC - November 23rd, 2025 [November 23rd, 2025]
- Liberals in two big states are realigning themselves to the centre - abc.net.au - November 23rd, 2025 [November 23rd, 2025]
- Most Canadians say Liberals falling short, but still approve of Carney: poll - National Post - November 10th, 2025 [November 10th, 2025]
- The most conservative Supreme Court justices will likely join the liberals against Trump's tariffs, analyst says - Fortune - November 10th, 2025 [November 10th, 2025]
- 'Kiss goodbye': Insider tells PVO the real reason why some Liberals are melting down over climate plan - Daily Mail - November 10th, 2025 [November 10th, 2025]
- Canada's Carney welcomes ex-Conservative MP Chris d'Entremont to the Liberals - BBC - November 10th, 2025 [November 10th, 2025]
- Australia news live: Jay Weatherill named next high commissioner to UK; former radio host to lead ACT Liberals after leader and deputy step down - The... - November 10th, 2025 [November 10th, 2025]
- Russian liberals are no friends of Israel - The Times of Israel - November 10th, 2025 [November 10th, 2025]
- View from The Hill: fractured Liberals drown net zero and themselves in a torrent of verbiage - The Conversation - November 10th, 2025 [November 10th, 2025]
- Geoff Russ: The Liberals need to get serious on cutting regulatory crud - MSN - November 10th, 2025 [November 10th, 2025]
- The next steps the Liberals must take to restore Canadas fiscal stability - The Globe and Mail - November 10th, 2025 [November 10th, 2025]
- Liberals live to see another day after second confidence vote on budget - National Post - November 10th, 2025 [November 10th, 2025]
- Geoff Russ: The Liberals need to get serious on cutting regulatory crud - National Post - November 10th, 2025 [November 10th, 2025]
- Bloc, NDP vote with Liberals in first of three confidence budget votes - National Post - November 10th, 2025 [November 10th, 2025]
- View from The Hill: Could the return of Josh Frydenberg help the Liberals fortunes? - The Conversation - November 10th, 2025 [November 10th, 2025]
- Liberals live to see another day after second confidence vote on budget - Yahoo News Canada - November 10th, 2025 [November 10th, 2025]
- Letters: NDP pull Liberals fat out of the fire again - Edmonton Sun - November 10th, 2025 [November 10th, 2025]
- 'It's time to leave shit behind': Mark Parton's plan to lead unified Liberals to government - Region Canberra - November 10th, 2025 [November 10th, 2025]
- Liberals clear first confidence vote on federal budget - AM 800 CKLW - November 10th, 2025 [November 10th, 2025]
- George Santos tells Tucker Carlson prison was not a good time: Theres a lot of liberals - New York Post - November 3rd, 2025 [November 3rd, 2025]
- Globe editorial: The Carney Liberals arrive at a fiscal fork in the road - The Globe and Mail - November 3rd, 2025 [November 3rd, 2025]
- Why liberals, people of color and LGBTQ Americans say they're buying guns - NPR - November 3rd, 2025 [November 3rd, 2025]
- How can the minority Liberals get the votes to pass their budget through Parliament? - CBC - November 3rd, 2025 [November 3rd, 2025]
- Lorne Gunter: Liberals likely to survive federal budget but honeymoon period won't last forever - Yahoo News Canada - November 3rd, 2025 [November 3rd, 2025]
- Liberals face a choice between net zero or the Coalition - The Nightly - November 3rd, 2025 [November 3rd, 2025]
- First results show neck-and-neck finish between liberals and far right in Dutch general election - Euronews.com - November 3rd, 2025 [November 3rd, 2025]
- Australia politics live: Ley says Coalition will come together as two mature parties to develop energy policy once Liberals position settled - The... - November 3rd, 2025 [November 3rd, 2025]
- The Liberals are set to unveil their new budget. Send in your questions for our experts - The Globe and Mail - November 3rd, 2025 [November 3rd, 2025]
- Liberals prepare for budget, Quebec municipal elections, Fighting fungal disease in bats, and more - CBC - November 3rd, 2025 [November 3rd, 2025]
- Lorne Gunter: Liberals likely to survive federal budget but honeymoon period won't last forever - Edmonton Journal - November 3rd, 2025 [November 3rd, 2025]
- Opinion: With their long-awaited budget, Liberals must answer the question: What do we want Canada to be about? - The Globe and Mail - November 3rd, 2025 [November 3rd, 2025]
- Liberals accused of cheapening citizenship with new bill - Western Standard - November 3rd, 2025 [November 3rd, 2025]
- Black Republican Shreds Gavin Newsom Over Code-Switching Accent: White Liberals Are the Most Racist - Yahoo - October 28th, 2025 [October 28th, 2025]
- Mark Ruttes Dutch liberals were dominant for years. Now the party is bleeding support. - politico.eu - October 28th, 2025 [October 28th, 2025]
- Elizabeth Lee and Peter Cain suspended from Canberra Liberals party room - Australian Broadcasting Corporation - October 28th, 2025 [October 28th, 2025]
- Conservatives press Liberals on cost of living as reports show food bank use soaring - SteinbachOnline - October 28th, 2025 [October 28th, 2025]
- Liberals, NDP bid to undo Harper-era rule on citizenship for Lost Canadians - The Globe and Mail - October 28th, 2025 [October 28th, 2025]
- Liberals Rion Rhoades to be Inducted in NJCAA Hall of Fame - KSCB News - October 28th, 2025 [October 28th, 2025]
- Trump sends bulldozers in to level a useless wing of the White House - and rich liberals lose their minds, writes TANYA GOLD - Daily Mail - October 26th, 2025 [October 26th, 2025]
- Letters: Liberals should match their actions to their beliefs - The Morning Call - October 26th, 2025 [October 26th, 2025]
- LETTER: Liberals can't seem to find the truth - yoursun.com - October 26th, 2025 [October 26th, 2025]
- TRUDEAU LIBERALS OPENED DOOR TO MEXICAN CARTELS WITH VISA REMOVAL CARNEY MUST REVERSE DAMAGE, NOW - The Bureau | Sam Cooper - October 24th, 2025 [October 24th, 2025]
- Joe Rogan has a wild idea for Trumps next job to troll liberals - the-independent.com - October 24th, 2025 [October 24th, 2025]
- Opinion - Dems, liberals lose their minds over Trumps White House renovations - AOL.com - October 24th, 2025 [October 24th, 2025]
- Confronting the Warrior Ethos / Liberals With Attitude - KPFA - October 24th, 2025 [October 24th, 2025]
- Metsola, slap in the face of socialists and liberals: 'Get the numbers where you can find them' - Eunews - October 24th, 2025 [October 24th, 2025]
- Joe Rogan has a bonkers idea for Trump to troll liberals with a new job after leaving the White House - Yahoo News New Zealand - October 24th, 2025 [October 24th, 2025]
- Juno Jump Start | Liberals invited convicted killer to advise MPs on bail reform - Juno News - October 24th, 2025 [October 24th, 2025]
- Will Carneys budget trigger election? Liberals say thats up to opposition - Global News - October 23rd, 2025 [October 23rd, 2025]
- Opinion: The Liberals still have a nagging political weakness on crime - The Globe and Mail - October 23rd, 2025 [October 23rd, 2025]
- Dems, liberals lose their minds over Trumps White House renovations: Robby Soave | RISING - The Hill - October 23rd, 2025 [October 23rd, 2025]
- View from The Hill: Liberals are now squabbling among themselves over Kevin Rudd - The Conversation - October 23rd, 2025 [October 23rd, 2025]
- NDP MP hopes Liberals will help reverse Tory-proposed changes to birthright citizenship - iPolitics - October 23rd, 2025 [October 23rd, 2025]
- Support for Liberals and Conservatives within the margin of error Jobs/the economy top concern. (Nanos) - Nanos Research - October 23rd, 2025 [October 23rd, 2025]
- GOLDBERG: The Liberals want an election but they wont get one - Western Standard - October 23rd, 2025 [October 23rd, 2025]
- Liberals will accelerate pace of decision-making, premier says - CBC - October 21st, 2025 [October 21st, 2025]
- Liberals say anti-fraud measures to protect bank customers coming with federal budget - Village Report - October 21st, 2025 [October 21st, 2025]
- Calmatters: These Rural Californians Want To Secede. Newsoms Maps Would Pair Them With Bay Area Liberals - SFGATE - October 21st, 2025 [October 21st, 2025]
- Liberals, Greens, NDP call on Poilievre to apologize over RCMP comments - Toronto Star - October 21st, 2025 [October 21st, 2025]
- What the federal Liberals are pitching in their upcoming budget - DARPAN Magazine - October 21st, 2025 [October 21st, 2025]
- Liberals, Greens, NDP call on Poilievre to apologize over RCMP comments - National Newswatch - October 21st, 2025 [October 21st, 2025]