Thursday, June 28, 2018

Notations On Our World (Special Thursday Edition): Out & About in The United States

Associate Justice Anthony Kennedy of the US Supreme Court announced his retirement from the United States Supreme Court Yesterday.    Although there has been reporting on how he was the "Swing" vote, he has in fact been solidly conservative--and he himself noted at one time:  The Cases Swing, I don't!!!   It will give President Trump another shot at an appointment and the US Senate Majority Leader has promised a confirmation by the Fall--although he himself blocked a nomination as it was an election year.   As such, it will be an interesting political discourse to be witness though over the course of the Summer.

The New York Times' Deal Book put together this brief snapshot this morning that underscores how the Court will continue to act as it did, for instance, with Unions and Arbitration during this past term:

Justice Anthony Kennedy
Justice Anthony Kennedy  Eric Thayer/Getty Images North America
Corporate America is getting the Supreme Court it wants
Justice Anthony Kennedy announced yesterday that he’s retiring this summer, setting off a political war over the future of the Supreme Court. As a result, companies can probably expect business-related cases to go their way for at least a generation.
Many of the court’s biggest cases in recent years were decided by a 5-4 majority. Justice Kennedy often provided the deciding vote. Whoever President Trump picks to replace him — here’s a list of candidates — will almost certainly push the court to the right.
For a taste of what may come, consider yesterday’s 5-4 ruling on labor unions. The majority found that government workers who don’t join a union can’t be required to pay for collective bargaining. Groups tied to Republican billionaires have already pledged to capitalize with anti-union campaigns.
The bottom line: Expect the business community to enjoy more wins in cases involving antitrust, privacy and more.

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