1 00:00:00,080 --> 00:00:02,679 Speaker 1: For many years, Justice Anthony Kennedy has been the swing 2 00:00:02,759 --> 00:00:06,240 Speaker 1: vote in some of the most controversial constitutional cases that 3 00:00:06,320 --> 00:00:10,240 Speaker 1: the Court hears, famously on gay rights, among many other things, 4 00:00:10,240 --> 00:00:13,039 Speaker 1: and if President Trump can name a replacement for him 5 00:00:13,119 --> 00:00:16,120 Speaker 1: on the Court, the balance of power might shift decisively 6 00:00:16,200 --> 00:00:19,440 Speaker 1: to the right. So current rumors that he's contemplating retirement 7 00:00:19,480 --> 00:00:23,960 Speaker 1: raise excitement among conservatives and trepidation among liberals. Here to 8 00:00:24,040 --> 00:00:28,680 Speaker 1: talk with us about Justice Kennedy's possible retirement and what's 9 00:00:29,240 --> 00:00:30,840 Speaker 1: what the court is going to be facing is Justice 10 00:00:30,880 --> 00:00:35,000 Speaker 1: Corsets joins is our own Greg store, our Bloomberg Law 11 00:00:35,040 --> 00:00:38,479 Speaker 1: co host and Bloomberg News Supreme Court reporter. Greg. What 12 00:00:38,520 --> 00:00:41,600 Speaker 1: are you hearing about Justice Kennedy. Well, I've been spending 13 00:00:41,600 --> 00:00:44,200 Speaker 1: some time talking to some former law clerks, and there's 14 00:00:44,240 --> 00:00:47,000 Speaker 1: definitely a difference of opinion as to whether he will 15 00:00:47,040 --> 00:00:48,839 Speaker 1: retire at the end of this year. It is certainly 16 00:00:48,880 --> 00:00:51,559 Speaker 1: at least a possibility that those of us who care 17 00:00:51,560 --> 00:00:53,120 Speaker 1: about the court are going to have to watch for. 18 00:00:53,520 --> 00:00:56,880 Speaker 1: There are a few signs he's scheduled his law clerk 19 00:00:56,960 --> 00:01:00,680 Speaker 1: reunion a year earlier than he normally would uh and 20 00:01:00,840 --> 00:01:03,080 Speaker 1: in the very end, at the very end, of the term. 21 00:01:03,160 --> 00:01:07,080 Speaker 1: So it's at least possible that that that reunion the 22 00:01:07,160 --> 00:01:09,920 Speaker 1: last weekend of June will be right around the time 23 00:01:09,920 --> 00:01:12,080 Speaker 1: he makes an announcement. I don't know for sure, but 24 00:01:12,120 --> 00:01:14,840 Speaker 1: I'm certainly going to be paying attention. Yes you are, 25 00:01:14,880 --> 00:01:18,280 Speaker 1: and so are we. But Kennedy is the most important 26 00:01:18,319 --> 00:01:21,200 Speaker 1: person on that court because he has been the he 27 00:01:21,400 --> 00:01:25,040 Speaker 1: is the swing vote, and he's certainly back in that position. Now. 28 00:01:25,440 --> 00:01:29,479 Speaker 1: Would he want to give up that power? Yeah, that's 29 00:01:29,480 --> 00:01:32,120 Speaker 1: a real question June. And and for for those people 30 00:01:32,160 --> 00:01:34,040 Speaker 1: who say no, I don't think he's going to retire, 31 00:01:34,120 --> 00:01:36,120 Speaker 1: that's one of the biggest things that they point to. 32 00:01:36,400 --> 00:01:39,720 Speaker 1: He has been since six the most important justice on 33 00:01:39,760 --> 00:01:43,120 Speaker 1: this court, the swing justice on so many issues. And 34 00:01:43,200 --> 00:01:46,440 Speaker 1: if Justice corsages anything like what what everyone is expecting, 35 00:01:46,440 --> 00:01:48,760 Speaker 1: he will be Justice Kennedy will stay right in the 36 00:01:48,800 --> 00:01:50,960 Speaker 1: middle of the court. Um. And so when the court 37 00:01:51,000 --> 00:01:54,840 Speaker 1: takes up um, you know, cases involving the Trump's travel band, 38 00:01:54,920 --> 00:01:59,280 Speaker 1: voter id laws, religious rights, and and and gay rights. Uh, 39 00:01:59,320 --> 00:02:00,840 Speaker 1: there's a good chance he will be right in the 40 00:02:00,880 --> 00:02:03,320 Speaker 1: middle again. And he and you may not want to 41 00:02:03,360 --> 00:02:06,520 Speaker 1: give that up just yet. Well, speaking of Justice Gorcich, 42 00:02:06,920 --> 00:02:08,920 Speaker 1: we call him that now is he's going to be 43 00:02:08,960 --> 00:02:11,280 Speaker 1: on the court. Uh, He's going to start very soon 44 00:02:11,360 --> 00:02:13,760 Speaker 1: here in cases next week he'll hear some what what's 45 00:02:14,240 --> 00:02:17,320 Speaker 1: on the docket for Justice Gorciach and arrested justices to 46 00:02:17,520 --> 00:02:20,079 Speaker 1: hear as he takes the bench. He's had an awful 47 00:02:20,080 --> 00:02:23,000 Speaker 1: lot to learn in the past week, just one in 48 00:02:23,080 --> 00:02:26,360 Speaker 1: a Monday. They have seven cases next week, three of 49 00:02:26,360 --> 00:02:28,480 Speaker 1: them on Monday. The biggest one that he's going to 50 00:02:28,639 --> 00:02:31,160 Speaker 1: hear is a church state case. They has to do 51 00:02:31,200 --> 00:02:35,600 Speaker 1: with a Missouri funding program for for playgrounds, and Missouri 52 00:02:35,840 --> 00:02:38,520 Speaker 1: said that according to our constitution, we can't give the 53 00:02:38,560 --> 00:02:40,880 Speaker 1: money to a church that wanted this this money for 54 00:02:41,040 --> 00:02:46,000 Speaker 1: resurfacing playgrounds. Uh. And so everybody's gonna be watching to see, 55 00:02:46,040 --> 00:02:48,200 Speaker 1: you know what, what sorts of questions we get from 56 00:02:48,240 --> 00:02:51,639 Speaker 1: Justice gorste and any indications about what type of justice 57 00:02:51,760 --> 00:02:56,440 Speaker 1: is gonna be Greg Neil Gorsch attended his first conference 58 00:02:56,480 --> 00:03:00,400 Speaker 1: today of the Supreme Court. Explain what happens they air 59 00:03:00,440 --> 00:03:03,720 Speaker 1: and when we'll learn some of what happened. Yeah, that's 60 00:03:03,720 --> 00:03:06,400 Speaker 1: that's that's a private conference. Uh. And for all I know, 61 00:03:06,440 --> 00:03:09,280 Speaker 1: it's still going on right now. It's something that only 62 00:03:09,280 --> 00:03:12,119 Speaker 1: the justices attend, they do things like decide whether they're 63 00:03:12,120 --> 00:03:14,280 Speaker 1: going to take up new cases. They talk about which 64 00:03:14,280 --> 00:03:17,320 Speaker 1: opinions are ready to be issued. There are some traditions 65 00:03:17,360 --> 00:03:20,240 Speaker 1: there that will affect justice courses very much. Namely that 66 00:03:20,320 --> 00:03:22,720 Speaker 1: the junior justice, which has been Justice Kagan and now 67 00:03:22,800 --> 00:03:25,520 Speaker 1: is Justice Corsage, UH, is the one who's in charge 68 00:03:25,560 --> 00:03:28,919 Speaker 1: of answering the door at that conference because nobody else 69 00:03:29,000 --> 00:03:30,720 Speaker 1: is allowed in. So somebody knocks on the door to 70 00:03:30,760 --> 00:03:33,320 Speaker 1: bring something to a justice justice course, it has to 71 00:03:33,360 --> 00:03:36,200 Speaker 1: stand up and and open the door. And UH. He's 72 00:03:36,200 --> 00:03:38,680 Speaker 1: also in charge gonna be in charge of keeping records 73 00:03:38,720 --> 00:03:42,720 Speaker 1: of of what they decided those conferences and then go ahead. 74 00:03:42,720 --> 00:03:46,800 Speaker 1: And I remember that Justice Brier often talked about how 75 00:03:46,880 --> 00:03:50,119 Speaker 1: long he was the person that's the junior person answering 76 00:03:50,200 --> 00:03:54,080 Speaker 1: that door, But that Kagan didn't didn't last too long, No, 77 00:03:54,240 --> 00:03:57,920 Speaker 1: not not quite as long. Justice Brier did set the record. UM, 78 00:03:57,960 --> 00:03:59,680 Speaker 1: And I was just gonna say, to answer the rest 79 00:03:59,720 --> 00:04:03,840 Speaker 1: of your question, we will uh that that conference today 80 00:04:04,160 --> 00:04:07,000 Speaker 1: will produce a list of orders that will get Monday 81 00:04:07,000 --> 00:04:10,200 Speaker 1: morning at nine thirty. That will be mostly, you know, 82 00:04:10,280 --> 00:04:12,440 Speaker 1: decisions on whether or not to take up new cases, 83 00:04:12,880 --> 00:04:16,880 Speaker 1: and those may give us some some concrete indications of 84 00:04:16,880 --> 00:04:21,000 Speaker 1: of how Justice Corsage UH is voting on things, because 85 00:04:21,000 --> 00:04:23,919 Speaker 1: we may we may see in there that he is 86 00:04:23,920 --> 00:04:27,320 Speaker 1: either voted or not voted to to take certain cases. Greg, 87 00:04:27,320 --> 00:04:29,240 Speaker 1: we got about thirty seconds left. Or are there any 88 00:04:29,520 --> 00:04:31,640 Speaker 1: you know, four or four splits in any cases that 89 00:04:31,720 --> 00:04:34,400 Speaker 1: he's going to be the deciding vote on. It's a 90 00:04:34,440 --> 00:04:36,840 Speaker 1: good question. We don't know yet, and we may find 91 00:04:36,839 --> 00:04:39,200 Speaker 1: out even as early as today. There are a bunch 92 00:04:39,200 --> 00:04:42,680 Speaker 1: of candidates. There's a case involving UH suits against banks 93 00:04:42,880 --> 00:04:46,040 Speaker 1: alleging a predatory lending by the City of Miami. There's 94 00:04:45,720 --> 00:04:49,240 Speaker 1: a redistricting case that both of those are candidates, but 95 00:04:49,360 --> 00:04:51,400 Speaker 1: we won't know that until we actually get the court 96 00:04:51,480 --> 00:04:52,800 Speaker 1: saying that we want to hear a new round of 97 00:04:52,880 --> 00:04:56,280 Speaker 1: argument with Justice Corsage. Well, thank you, Greg. That's Greg's store, 98 00:04:56,279 --> 00:04:59,479 Speaker 1: our Bloomberg Glock co host and the Bloomberg News Supreme 99 00:04:59,520 --> 00:05:02,640 Speaker 1: Court order telling us about what's gonna happen with Justice 100 00:05:02,680 --> 00:05:05,080 Speaker 1: Kennedy and Justice Corsage. And we don't really know