There are various reports confirming that Justice Anthony Kennedy has told staff that he is seriously thinking of resigning and has notably not selected clerks for the October 2018 term. That raises some intriguing issues, including how such a vacancy would play in the midterm elections when there are 33 seats up for grabs in the United States Senate. The vacancy could be used to rally conservatives and liberals alike. As for Kennedy, it could be the difference between a lasting and short-lived legacy.
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