The Next Liberal Lamentation – Power Line (blog)

Whats the most hated Supreme Court decision on the left of the last few years? Why, Citizens United, of course, which leftists blame for just about every bad imaginable. Aggrieved leftists often compare it to the Dred Scott decisionseriously, they do.

So if Justice Anthony Kennedy announces his retirement from the Court tomorrow, can we expect to see liberal headlines saying, Left Celebrates as Author of Modern Dred Scott Decision Retires? Because it was in fact Kennedy who wrote the Citizens United opinion. And lets not forget that he was also in the four-justice conservative minority that wanted to strike down Obamacare in toto in 2012 (it was Roberts that let us down on that one, as youll remember). I suspect Kennedy may also share the growing reservations among jurists about the Chevron doctrine of judicial deference to the administrative state.

The point is, Kennedy has been unreliable and inconsistent from every point of viewhe totally botched property rights again (youd have thought hed learned a lesson from the 2005 Kelo case) with his opinion this last week in Murr v. Wisconsinbut there is a lot for the left to dislike about Kennedy, too. I actually doubt hell retire; I think he rather likes being the de facto Chief Justice once again, which he wouldnt be if Merrick Garland had been confirmed last year and the Court had tilted decisively left. But with the arrival of Gorsuch, hes back to being in the catbird seat on every important case.

But if he does retire tomorrow, watch for liberals to lose completely whatever little sanity they have left. Just take in the Washington Posts Ruth Marcus (who hates Citizens United, but omits any mention of Kennedys provenance of the decision in her plea for Kennedy to stay on):

The terrifying and terrible prospect of Justice Kennedy retiring

The end of the Supreme Court term looms, and with it the prospect the terrifying prospect of a retirement. . .[H]is departure would be terrible for the court and terrible for the country. It could not come at a worse time. . .

Justice Kennedy, perhaps it is unfair to pile all this onto your shoulders, but is it really wise to subject an already divided country to even more turbulence?And to another nomination by this president, with his evident ignorance of the role of the judiciary and disdain for judicial independence?

Your career has been characterized by insistence on civility, respect for the dignity of all individuals and commitment to the rule of law qualities absent in our president. Just read Trumps tweets and ask yourself: Do I really want my successor named by this man?

This isnt an argument. Its a primal scream from someone who still cant accept the outcome of an election. (Also missing: a note about Harry Reid going first in nuking the filibuster for judicial appointments, which will allow Trump more latitude in making a Court appointment. Thank you once again Harry!)

Let the terror begin. And if Senate Republicans are smart, theyll add in hefty funding for mental health services for liberals in their Obamacare repeal/replace bill.