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SCOTUS punting day: sends North Carolina partisan-gerrymandering case back to lower court; sends challenge by florist who refused to do flowers for same-sex wedding back to lower courts


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The most worrying thing about all this punting is that I've heard arguments for and against why it hints at Kennedy retiring. And I find the "yes, he's retiring" argument to be more convincing.

 

Kennedy's recent nod towards overturning Chevron deference could be seen as indicating he is looking at being on the court to do so. But I also see it as indicating Gorsuch has been in his ear and, despite all Trump's flaws, Kennedy would still trust Trump to nominate his replacement then a Democrat. After all, Trump didn't do such a bad job with his buddy Gorsuch, amirite?

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