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Centrist Analysis Of Justice Kennedy's Retirement Is Flawed

Law360 (July 3, 2018, 4:58 PM EDT) -- In the aftermath of Justice Anthony Kennedy announcing his retirement from the U.S. Supreme Court there has been agonized wailing from the left, triumphant crowing from the right, and placid chin-stroking from self-proclaimed centrists urging everyone else to calm down. In this instance, the centrist analysis is flawed. Justice Kennedy’s retirement is uniquely significant.

In telling Democrats and progressives not to melt down over the prospect of President Donald Trump appointing another Supreme Court justice, the centrists make four main arguments. None of them are convincing....
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