Congressman Cohen Reacts to Justice Kennedy’s Retirement

WASHINGTON – Congressman Steve Cohen (TN-09), the Ranking Member of the House Judiciary Subcommittee on the Constitution and Civil Justice, expressed unease at today's announcement that Justice Anthony Kennedy plans to retire at the end of July because of its obvious political result. Senate Majority Leader Mitch McConnell has already said a nominee will be considered this fall. Congressman Cohen released the following statement:

"Justice Kennedy knows the politics of Supreme Court appointments and knows the timing of his retirement gives President Trump an opportunity to add another justice before the November mid-term elections. Fairness would dictate that Kennedy should have waited until the mid-terms to let his successor face a new Senate. The theft of the swing seat on the current court, by Mitch McConnell's decision not to consider President Obama's nomination of Appeals Court Judge Merrick Garland after the death of Antonin Scalia, was justified on the grounds that an intervening election would allow the people to speak. Based on that reasoning, Kennedy's replacement should not be considered until the results of the Senate races this year are known.

"Justice Kennedy served the country and the high court for many years and delivered some fine opinions, but this last action is mired in politics which is something a Supreme Court Justice should avoid at all costs. This decision will tarnish his legacy."

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