"Because I am pro-life, and I will be appointing pro-life judges, I would think that will go back to the individual states", Trump said. "And don't tell me your mind's going, because I read "Bush V. Gore" and 'Citizen's United.' You never had one".
Good morning. From the re-shaping of the Supreme Court to the latest in the investigation into Manafort's ties with Russian Federation, catch up with the Morning Briefing. "This could have huge repercussions".
The retirement of Mr Kennedy, a conservative who sided with liberals on many votes, gives Mr Trump the chance to shift the balance of the top court further to the right for decades to come. By naming his successor, Trump could leave an enduring mark on the court, giving it a solid five-justice conservative majority.
Kennedy was appointed by Ronald Reagan, and has held the key vote on such high-profile issues as abortion, affirmative action, gay rights, guns, campaign finance and voting rights. Nelson was thought to be anxious about drawing a primary challenge from the left if he voted for Gorsuch, and McCaskill reportedly agonized over her decision before casting a vote against Gorsuch. On Wednesday, President Trump said he wants to pick a justice who will be on the court for the next 40 or 45 years. Kennedy also voted with the 5-4 majority.
Barbara Perry, a presidential scholar at the University of Virginia, said same-sex marriage is unlikely to be overturned, because public support has expanded to the point that no state would attempt to challenge it.
There are only nine justices, who only get replaced if they retire or die, so who sits on it really matters.
When the president's first Supreme Court nominee, Neil Gorsuch, was confirmed by the Senate in April 2017, three Democrats crossed party lines to vote for him: Joe Manchin of West Virginia, Heidi Heitkamp of North Dakota and Joe Donnelly of Indiana.
"The country is moving in the direction of supporting it - that's where history is taking us", she said.
McConnell already said in May that a potential Supreme Court battle would move to the front of the judicial confirmation pipeline.