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Trump begins Supreme Court search to replace Anthony Kennedy Supreme Court: Political row brews over Kennedy's successor
(about 9 hours later)
US President Donald Trump has said the search for a replacement for retiring Supreme Court Justice Anthony Kennedy will "begin immediately". A political battle is brewing over the replacement of Supreme Court Justice Anthony Kennedy, who announced his retirement from the US top court.
"We have to pick one that's going to be there for 40 years, 45 years," Mr Trump said at a rally in North Dakota. Mr Kennedy, 81, retires on 31 July, giving President Donald Trump a chance to cement a conservative majority on the high court for decades to come.
The retirement of Mr Kennedy, a conservative who sided with liberals on many votes, gives Mr Trump the chance to shift the top court's balance more to the right for decades to come. Democrats say the Republican-controlled Congress should wait until after mid-term elections to confirm a successor.
The judge, 81, will retire on 31 July. But the Republican Senate leader says a vote will take place by the autumn.
He made the announcement on Wednesday, saying he wanted to spend more time with his family after 30 years on the top court. Mr Trump later praised Mr Kennedy - who held the pivotal vote on many key cases - as "a great justice of the Supreme Court". Senate Majority Leader Mitch McConnell, who has already cancelled a scheduled recess for the upper chamber in August, suggested Mr Kennedy's replacement would be confirmed before November's mid-term elections.
"Hopefully we are going to pick somebody who will be as outstanding," he told reporters at the White House. The judge's retirement gives Mr Trump his second Supreme Court pick since he became president, and he has said he will choose from a list of 25 conservative candidates. "The Senate stands ready to fulfill its constitutional role by offering advice and consent on President Trump's nominee to fill this vacancy," he said on Wednesday.
His comments came after President Trump said the process to find a replacement would "begin immediately".
Mr Kennedy made the announcement earlier on Wednesday, saying he wanted to spend more time with his family after 30 years on the top court.
Although he was a conservative justice, Mr Kennedy sided with liberals on certain key votes, including abortion and gay marriage.
Why are lawmakers divided?
The Senate, which votes to confirm Mr Trump's nominee, is currently controlled by Republicans with a slim 51-seat majority. But that could change after mid-term elections in November.
Speaking at the rally in Fargo, North Dakota on Wednesday evening, Mr Trump warned his supporters that Democrats would "rewrite the Constitution any way they want" unless Republicans could quickly confirm a conservative justice.
"We have to pick one that's going to be there for 40 years, 45 years," he said of Mr Kennedy's successor.
The president has promised to draw names from the same list of 25 conservative candidates from which he picked Justice Neil Gorsuch in February last year.
When asked by reporters on Wednesday if he would wait until after the mid-term elections to nominate a successor, Mr Trump said: "I think you want to go as quickly as possible", the Associated Press reported.
The long-simmering tensions over Supreme Court picks became a political flash point in 2016 when the Republicans successfully blocked President Barack Obama's nominee, Merrick Garland, to replace the late Justice Anthony Scalia.
At the time, Republicans said it was unfair to confirm a judge during an election year. Democrats are now pointing to that argument in an effort to halt the confirmation of Justice Kennedy's replacement.
Earlier on Wednesday, Mr Schumer in a televised speech on the floor of the Senate called for delaying a confirmation vote until after the mid-terms, adding that "anything but that would be the absolute height of hypocrisy" from Republicans.
How important is a Supreme Court pick?
The Supreme Court plays a key role in American life and is often the final word on highly contentious laws, disputes between states and the federal government, and final appeals to stay executions.The Supreme Court plays a key role in American life and is often the final word on highly contentious laws, disputes between states and the federal government, and final appeals to stay executions.
This week the court upheld Mr Trump's travel ban which covers people from several Muslim-majority countries, in a 5-4 conservative majority ruling. Earlier this month it ruled in favour of a baker in Colorado who refused to make a wedding cake for a gay couple.
Speaking at the rally in Fargo, North Dakota on Wednesday evening, President Trump told supporters that Mr Kennedy had chosen to retire under his presidency "because he felt confident in me to make the right choice and carry on his great legacy".
The president has promised to draw names from the same list from which he picked Neil Gorsuch in February last year.
Rather than serving fixed terms, the justices serve for life unless they decide to retire. This makes their appointments particularly significant.Rather than serving fixed terms, the justices serve for life unless they decide to retire. This makes their appointments particularly significant.
This week the court upheld Mr Trump's travel ban which covers people from several Muslim-majority countries, in a 5-4 conservative majority ruling. Earlier this month it ruled in favour of a baker in Colorado who refused to make a wedding cake for a gay couple.
"Hopefully we are going to pick somebody who will be as outstanding," Mr Trump told reporters at the White House shortly after Justice Kennedy's retirement was announced.
Vice-President Mike Pence said on Twitter that the president would nominate "a strong conservative, in the tradition of the late Justice Scalia" who would uphold the "God-given liberties" of the constitution.
Mr Kennedy, who is the second-oldest justice on the nine-member US Supreme Court, earned a reputation as a swing vote conservative who supported liberal arguments on key decisions, including the 5-4 rulings that decided same-sex marriage and upheld abortion rights.Mr Kennedy, who is the second-oldest justice on the nine-member US Supreme Court, earned a reputation as a swing vote conservative who supported liberal arguments on key decisions, including the 5-4 rulings that decided same-sex marriage and upheld abortion rights.
As a result, news of his retirement has raised fears among pro-choice groups that access to legal abortions in several states could be under threat.As a result, news of his retirement has raised fears among pro-choice groups that access to legal abortions in several states could be under threat.
Mr Trump, during his presidential campaign, vowed to attempt to overturn Roe v Wade, the 1973 decision legalising abortion throughout the US.Mr Trump, during his presidential campaign, vowed to attempt to overturn Roe v Wade, the 1973 decision legalising abortion throughout the US.
"If we put another two or perhaps three justices on, that is really what will happen. That will happen automatically in my opinion. Because I am putting pro-life justices on the court," Mr Trump said during an October 2016 debate with Hillary Clinton. "If we put another two or perhaps three justices on, that is really what will happen," Mr Trump said during an October 2016 debate with Hillary Clinton.
Senate Majority Leader Mitch McConnell, a Republican, said on Wednesday that a vote on Mr Trump's nominee to replace Mr Kennedy would take place by the autumn.
The Senate is currently controlled by the Republicans but that could change after mid-term elections in November.
Top Democrat Chuck Schumer said in a televised speech on the floor of the Senate that Mr Kennedy's replacement would be a decision affecting "generations" and therefore the confirmation vote should not take place until after the mid-terms.
"Our Republican colleagues in the Senate should follow the rule they set in 2016, not to consider a Supreme Court Justice in an election year," Senator Schumer said, referring to the blocking of President Obama's nominee Merrick Garland by the Republican Senate majority.
"Anything but that would be the absolute height of hypocrisy."
Who is Anthony Kennedy?Who is Anthony Kennedy?
Mr Kennedy, who was raised in California, was nominated by President Ronald Reagan and began his term in 1988.Mr Kennedy, who was raised in California, was nominated by President Ronald Reagan and began his term in 1988.
He voted conservative on issues of campaign finance, voting rights and gun rights.He voted conservative on issues of campaign finance, voting rights and gun rights.
Mr Kennedy penned the Supreme Court's first major gay-rights decision in 1996, protecting LGBT Americans from discrimination.Mr Kennedy penned the Supreme Court's first major gay-rights decision in 1996, protecting LGBT Americans from discrimination.
In 2015, he authored the landmark opinion which gave LGBT citizens the right to marry, writing: "They ask for equal dignity in the eyes of the law and the Constitution grants them that right."In 2015, he authored the landmark opinion which gave LGBT citizens the right to marry, writing: "They ask for equal dignity in the eyes of the law and the Constitution grants them that right."
As a justice, he routinely favoured personal liberty and the limiting of federal power.As a justice, he routinely favoured personal liberty and the limiting of federal power.
Mr Trump said Mr Kennedy had "displayed great vision" and "tremendous heart".Mr Trump said Mr Kennedy had "displayed great vision" and "tremendous heart".
The White House also released a statement thanking Mr Kennedy for his 30 years of service as a "tireless voice for individual rights".The White House also released a statement thanking Mr Kennedy for his 30 years of service as a "tireless voice for individual rights".
"His words have left an indelible mark not only on this generation, but on the fabric of American history.""His words have left an indelible mark not only on this generation, but on the fabric of American history."