Wednesday, June 27, 2018

On Justice Kennedy’s Retirement – Untimely and Unfortunate for the Nation?


There are probably more Americans suffering from illnesses such as heart conditions, high blood pressure, and associated neurological and other conditions brought on my stress and related factors since the November 2016 campaign and election, and the emergence of Donald J. Trump as the 45th President of the United States. Well, the number of Americans suffering from these illnesses and symptoms as a result of the drastic Constitutional and governmental changes that have accompanied Donald J. Trump is about to increase as Justice Anthony Kennedy announces his retirement and exits the Supreme Court, the nation’s highest court. President Trump has been on a winning spree since the week of June 25, 2018, with the Supreme Court holding his Travel Ban 3.0 constitutional, and now Justice Kennedy giving him a well-desired opportunity to shift the balance of the Supreme Court all the way to the right. Those Americans concerned about the following issues must worry terribly: marriage equality, immigration, First Amendment rights, Second Amendment rights, abortion, and several other issues that have played as longstanding divisive issues in creating disunity and conflicts across the American landscape.


We are not certain what Justice Kennedy was thinking when he made the decision to retire from the Supreme Court since he seems quite healthy and could have stayed until his last breath. What we are certain of is that it represents a worrisome day, not just for struggling Democrats, but for the nation as a whole. With the assertion of vague presidential authority stemming from the recent 5-4 decision concerning the Travel Ban 3.0, President Trump’s opportunity to place another justice on the Supreme Court will become another shield for his authoritative and constitutionally questionable behaviors and decisions. It is a reality that Donald J. Trump is the 45th President of the United States, and it is a reality that his behaviors and actions are great causes for concern for both Republicans and Democrats, as well as for those who are Independents, and those without political or party affiliation and devotion. Given this concern, not only nationally, but globally, the opportunity to have another Neil Gorsuch on the Supreme Court could further empower President Trump in ways detrimental to how he wields his power and authority to affect democracy, this nation’s republican form of government, and even the value and reverence of the Constitution.
Given the above, one can fully understand why Justice Kennedy’s retirement to which he is wholly and legally, personally entitled, can become questionable as a matter of patriotism, as a matter of love of country, and as a matter of care and concern for the things he has held dear as a preserver of American Constitution, and hence democracy, and the rights of the American people. While it is indeed difficult to understand what Justice Kennedy was thinking throughout the “considerable time” he had to make this decision, one must wonder if Justice Kennedy’s decision is not premature given the uncertainties and chaos that have accompanied President Trump to office so far, and the ensuing constitutional crisis, which is both ongoing and becoming increasingly complex. Whatever the case, we must wish Justice Kennedy great health and a long life after retirement, and demonstrate appreciation for how much this great American has loved and contributed to his nation, the Constitution, individual rights, and democracy.

About the Author
Dr. Donovan A. McFarlane teaches in the fields of Political Science and Public Administration to include courses on American Government, The Presidency, and Public Policy. He has extensively taught in the fields of Business and Management at the undergraduate and graduate levels. Some of the major courses he has facilitated include International Business, Organizational Behavior, Marketing, Strategic Management, among other courses. He currently writes articles in several areas for his Blog, Forum of Business, Organizations, and Society (FOBOS): http://businessorganizationssociety.blogspot.com/

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