Anthony Kennedy must WITHDRAWAL his resignation effective immediately.

[Firebrand Gary]

Everything is at stake!!! This entire administration is compromised, as are numerous members of congress. We are in serious trouble...

[Tatiana]

1. He's compromised, too.

This is just a real clusterf*ck.

[elleng]

2. I agree he should.

I'd bet trump wouldn't accept it.

[onenote]

9. It's not Trump's call to accept it or not.

Kennedy's retirement letter sets an effective date of July 31. Before that date he can unilaterally withdraw his resignation. After that date, he can't stay on even if Trump was inclined to allow it (which he wouldn't). But now that a replacement has been nominated -- one that Kennedy is personally close to -- he's not changing his mind.

[elleng]

10. OK, I like it!

Thanks for the detail.

[FBaggins]

17. I'm not aware of a precedent one way or the other

Can you point to a federal judge who formally announced a retirement and then retracted it?

[onenote]

18. I don't know of any case either, but as a matter of simple logic, the president has no say

in a judge's decision to retire or not retire.

I doubt anyone would question the fact that a federal judge, with lifetime tenure, cannot be forced to retire by a president. By the same token, a president could not refuse to "accept" a federal judge's retirement and thus force the judge to remain on the bench. As for whether a justice's retirement can be withdrawn before it becomes effective -- well, the concept of an effective date would have little meaning if a justice couldn't reverse their decision before it became effective. (For what its worth, the general rule for federal employees who give notice of their retirement or resignation is that they can change their minds up to the close of business of the date on which the retirement/resignation was to become effective).

Finally, here's a little known fact: Supreme Court Justices never really fully "retire". They continue to receive a full salary. That salary is either the amount they were receiving when they retired or, if they continue to engage in judicial activities, may get the salary for the position including any increases in that salary. Under federal law, "any retired Chief Justice of the United States or Associate Justice of the Supreme Court may be designated and assigned by the Chief Justice of the United States to perform such judicial duties in any circuit, including those of a circuit justice, as he is willing to undertake." So in theory, Roberts could ask Kennedy to sit as a court of appeals judge, although Kennedy could decline if he so wished. 28 USC 294, 371.

[FBaggins]

19. There's no doubt that a president can't force a retirement...

... nor reject one that he doesn’t like.

But neither statement impacts the open question of whether a judge can reverse a retirement announcement that was made with an effective date. They can announce as far as a year in advance and start the replacement process. I don’t think they can holler “just kidding!” and undo a delivered retirement notice.

[onenote]

21. So do you think Al Franken couldn't have reversed his resignation decision?

He first stated on December 7 that he would be resigning in the coming weeks. Tina Smith was announced as his replacement on December 13. On December 20, Franken announced that his resignation would become effective January 2.

So when did Franken's decision become irreversible as a legal matter? I say January 2.

[FBaggins]

23. You are correct about Jan 2 but Franken's case is different

He didn’t actually submit a formal resignation until Jan 2nd.

Further complicating things is that state law controls Senate vacancies and there could be differences in how it would work if he had formally retired.

In Kennedy’s case, he could have announced from the bench his intent to retire at a given point and later changed his mind... but that isn’t what happened. He submitted a formal notice (otherwise Trump couldn’t appoint someone yet).

If it were otherwise, judges could reject their replacements by changing their minds.

[mshasta]

3. he is a traitor

traitors walk away

[dameatball]

4. Not gonna happen.

[AlexSFCA]

5. he authored citizens united opinion

knew what’s coming

[C_U_L8R]

6. Co-conspirator

That paste ain't going back in the tube. He sold his seat for convenience and profit.

[Anon-C]

7. He's complicit and corrupt I believe. Will never happen, it's instrumental to their play and a...

... tremendous pay-off to conservative Catholic groups with even more political sway.

[Crutchez_CuiBono]

11. Catholics?

I guess the fundies and the Baptists etc are just middle of the road on it?

[Anon-C]

15. No...and I wasn't trying to single out Catholics per say, and yes,

Baptists and other evangelicals are just as invested, but what political analysis (even from the hip) is not served by discussing real people, real polities and actual centers of power.

Alito, Gorsuch and Kavanaugh; that's a third of the court.

[JenniferJuniper]

8. Complicit

He's clearly a filthy traitor as well.

[lapfog_1]

12. Longshot... but more likely rescue plan

McCain and one of either Corker or Flake must switch to Independent and caucus with the Democratic party... thereby flipping the Senate (McCain would probably need to make the trip to give this, his final vote).

Then the Senate opens a real investigation into Trump with real witnesses and under oath, etc.

Hopefully the House and Senate both flip this fall... then impeachment starts in January... 67 votes in the Senate are going to be difficult but maybe with a real Senate inquiry along with Mueller probe... we can impeach and convict the traitor.

At least Senate could stop the GOP agenda about stacking the courts, etc.

[Takket]

13. Satan doesn't give refunds when you sell your soul

[wasupaloopa]

14. When the movie comes out about this administration Kennedy will be shown as a part of the trump

putin cabal.

[Firebrand Gary]

16. Movie? We'd need a Netflix series with more episodes than the entire X-Files...

[jcgoldie]

20. Pssst he's in on it

He negotiated his law clerk to be his successor and his son ran the Deutsche bank that loaned Trump over a billion $ FFS.

[Initech]

24. The whole damn party is in on it!!!!

And Mitch McConnell knew it was coming and allowed it to happen!

[cwydro]

22. Lol.

Yeah, right.