No, Justice Anthony M. Kennedy Is Not Retiring Tomorrow – Above the Law
Ed. note: Please note the UPDATES I have added, and will continue to add, at the end of this story.
Look, I love legal gossip as much as — actually, way more than — the next guy. I entered the world of legal media through the back door of judicial gossip, writing a blog called Underneath Their Robes under the pseudonym of “Article III Groupie” (because gossiping about judges by night while appearing before them by day, as a federal prosecutor, is not a good look).
But to be a good gossip, you can’t just spread random rumors. You need to exercise discretion and discernment in what you disseminate — which brings me to the rampant rumors about Justice Anthony M. Kennedy’s supposedly imminent retirement, to be announced possibly as early as tomorrow.
I won’t bury the lede, so here it is: based on reports I’ve received from former AMK clerks who attended his law clerk reunion dinner last night, it is highly unlikely that Justice Kennedy will announce his retirement tomorrow.
But before getting into those reports, let me explain the origins of the latest speculation. Rumors of AMK retiring have been galloping around inside the Beltway for months now. On June 22, they gained momentum after Chris Hayes tweeted:
Matt Drudge and the Drudge Report soon joined in the
wishful thinking fun:
Now, legal nerds and #appellatetwitter types might scoff at taking SCOTUS predictions from the likes of Hayes and Drudge. But Mark Sherman of the Associated Press and Ariane de Vogue of CNN, both highly respected Supreme Court correspondents, wrote stories yesterday flagging the speculation. From Sherman: