NASHVILLE – U.S. Supreme Court Justice Anthony Kennedy’s announced retirement Wednesday drew praise for his service from federal Republican lawmakers in Tennessee and Georgia, while Democrats voiced concerns about the moderate-to-conservative 81-year-old justice’s replacement.
“Thank you, Justice Kennedy, for a lifetime of distinguished service,” U.S. Sen. Bob Corker, R-Tenn., tweeted. “It is my hope that the president will quickly nominate a well-qualified individual who understands the importance of upholding the Constitution and applying the law in a fair and independent manner.”
U.S. Sen. Lamar Alexander, R-Tenn., said in a statement that Kennedy served with “intelligence and with distinction as he has interpreted and defended the Constitution in a deliberate and responsible way. I hope President Trump will promptly nominate his successor, and I’m confident the Senate will move quickly to carefully consider that nominee.”
Meanwhile, U.S. Rep. Jim Cooper, a Nashville Democrat, said in a statement that Kennedy’s retirement “once again proves a cold, hard fact: ELECTIONS MATTER. President Trump will single-handedly change the direction of the Supreme Court and American life for decades. Our most fundamental rights – speech, choice, religion, marriage, health care, voting, you name it – are at risk now more than ever. Vote like your life depends on it.”
Republican U.S. Rep. Marsha Blackburn, who is seeking the Senate seat held by the retiring Corker, quickly worked Kennedy’s retirement into criticism of her expected general election opponent, Democrat and former Gov. Phil Bredesen.
“One of the Senate’s most important responsibilities is confirming Supreme Court justices who will follow the rule of law and not legislate from the bench,” Blackburn said in a statement. “The Supreme Court’s decisions delivered with slim margins this week make the point that each justice makes a difference.”
Blackburn said as a senator, “I will be committed to confirming more judges, like Neil Gorsuch, who will honor and uphold our Constitution. This is an important difference between Phil Bredesen and me – he will be with Chuck Schumer who will attempt to block the President’s pick and weaken the court. I will vote to confirm good constitutional justices, who will not be activists and legislate from the bench.”
Bredesen said in a statement that “not long ago, Senate confirmation was free of openly partisan politics. Justices Scalia and Ginsberg – from opposite ends of the spectrum – each got over 90 votes. I’m going to vote for or against a nominee based solely on whether I believe them to be highly qualified and ethical, not based on partisan politics.”
The Senate alone confirms federal judges. Republicans now hold a slender 51-49 majority in the chamber. Senate Majority Leader Mitch McConnell, R-Ky., is reportedly looking to confirm a Trump replacement sometime in the fall.
U.S. Rep. Steve Cohen, a Memphis Democrat, said 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, Cohen argued, “Kennedy’s replacement should not be considered until the results of the Senate races this year are known.”
U.S. Sen. David Perdue, R-Ga., said Kennedy “served our country honorably for decades, and I join the country in wishing him all the best as he retires from the Supreme Court.
“President Trump made a fantastic choice with Justice Gorsuch, and I’m confident he will make another outstanding nomination, given that the decisions made by the United States Supreme Court have such a long-lasting impact on our nation,” Perdue added.
Contact Andy Sher at asher@timesfreepress.com or 615-255-0550.