Moments after Supreme Court Justice Anthony Kennedy said he would retire, Senate Majority Leader Mitch McConnell Addison (Mitch) Mitchell McConnellSunday shows preview: Supreme Court fight in the spotlight Appeals court nominees languish in Senate as Flake demands tariff vote Gillibrand incorrectly claims no Democrats voted for Trump’s first Supreme Court nominee MORE (R-Ky.) said the Senate would act before the midterm election to confirm Trump’s next nominee. In 2016, Senate Republicans responded to Antonin Scalia’s death by inventing and establishing the absurd faux principle that open seats on the Supreme Court cannot be filled in an election year. Democrats, infuriated by the GOP’s treatment of President Obama and Merrick Garland, filibustered Neil Gorsuch — the kind of broadly qualified nominee who would’ve passed easily in previous eras.
– The fallout from Anthony Kennedy's bombshell decision to retire from the Supreme Court continues to resonate, with President Trump saying he's "honored" that Kennedy has given him an opportunity to pick a successor. Of course, getting him confirmed is another issue, and the Hill digs into the political logistics in the Senate. Republicans have the numbers, but two wild cards are Sens. Susan Collins of Maine and Lisa Murkowski of Alaska, both of whom support abortion rights and will likely have a big say in who comes next. A remedy: At Vox, Ezra Klein writes that both parties are guilty of turning the nomination process into an "insane" one, given the stakes. At this point, if one party held the White House and the other the Senate, it's unlikely any nominee would be confirmed. His solution? Reduce the stakes by limiting justices to 10-year terms. A big percentage: The Washington Post picks out five times Kennedy cast the deciding vote on big issues, on everything from backing abortion rights to supporting gay rights to curtailing the death penalty. The story notes that of the 276 majority opinions written by Kennedy, 92 came in 5-4 decisions.