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U.S. Supreme Court

Jul. 17, 2018

Kennedy’s seat: What’s at stake

How might it matter if Justice Anthony Kennedy is replaced by Brett Kavanaugh?

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

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Kennedy’s seat: What’s at stake
Judge Brett Kavanaugh, President Donald Trump's Supreme Court nominee, arrives for a meeting in Washington, July 12, 2018. (New York Times News Service)

How might it matter if Justice Anthony Kennedy is replaced by Brett Kavanaugh? Most obviously, it would mean replacing a justice who is about to turn 82 with one who is 53 years old. It will mean that this seat on the U.S. Supreme Court will be held by a staunch conservative justice for likely 30 or more years.

Overall, Kennedy has been a conservative justice and Kavanaugh, if confirmed, will vote the same way as Kennedy in most case...

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