Daily Brew: Is Justice Kennedy retiring? Well, not exactly

July 17, 2018

Retiring vs senior status - the difference PLUS AL primary runoffs & Green Party ballot access qualification in the middle of Montana Senate race   Welcome to the Tuesday, July 17 Brew. Here’s what’s in store for you as you start your day: Retiring vs senior status - the difference Alabama primary runoffs are today: Here’s what to watch for Green Party ballot access qualification in the middle of Montana Senate race What exactly will Kennedy’s senior status mean? In a letter to President Donald Trump, Justice Anthony Kennedy said he would continue to “serve in a senior status” when it was announced that he would end his active status on the Supreme Court. His senior status begins on July 31. What does senior status mean? And how is it different from retirement? Ballotpedia spoke with Dr. Richard Vining, an associate professor in the Department of Political Science at the University of Georgia and an expert on judicial politics, to find out more. Vining told us that “[j]udges in senior status leave regular active service but retain their attachment to the federal courts.  They contribute part-time service to their federal courts, either on the bench or in an administrative capacity.” Vining said these senior status judges “make hefty contributions to the work of the lower federal courts.” In recent years, they have handled “about one-quarter of the caseload in the federal district courts.” It was not unusual for Kennedy to take senior status. Vining said that every departing justice since 1969 has taken senior status except Chief Justice William Rehnquist and Justice Antonin Scalia, both of whom passed away while serving on the court. He also said that Kennedy could possibly be active in the circuit courts, likely the “Ninth Circuit, D.C. Circuit, or Federal Circuit given his personal history and institutional affiliations.” All recently departed justices except John Paul Stevens have heard cases, with Justices Sandra Day O’Connor and David Souter being particularly active. Learn more         Election Day! Alabama primary runoffs The Alabama primary runoff election is today for races where no candidate received a majority of the vote in the primary election. There are Republican runoffs for the Alabama 2nd congressional district seat, lieutenant governor, attorney general, agriculture commissioner, one state board of education seat, one state supreme court seat, and two intermediate appellate court seats. There will also be five primary runoffs for the state senate and 12 for state house. Ballotpedia is also covering the primary runoff election for several local probate judicial seats, the county sheriff, and the DA in Jefferson County. Check back with Ballotpedia tonight for election results→ Green Party removed from Montana U.S. Senate ballot; Secretary of State will appeal Helena District Court Judge James Reynold invalidated enough Green Party petition signatures to put them below 5,000 and remove Steve Kelly, their candidate in the Montana Senate race, from the ballot. Montana Secretary of State Cory Stapleton (R) said last week that he would appeal the ruling. Democratic Party officials filed the lawsuit seeking to remove the Green Party from the general election ballot, arguing that Stapleton had incorrectly certified 180 petition signatures. The Green Party argued that Democrats were trying to remove them from the general election because they feared that Sen. Jon Tester (D) would lose votes to the Green Party candidate. Democrats argued that the Green Party was assisted by Republican operatives hoping to divide the Democratic electorate and boost their candidate, State Auditor Matt Rosendale (R). Republicans said that Tester did the same thing in his last two elections by supporting a Libertarian candidate. In 2012, Tester’s last election, the difference in votes between Tester and his Republican opponent, Denny Rehberg, was less than the number of votes that the Libertarian candidate received. With Kelly removed, Tester, Rosendale, and Libertarian Rick Breckinridge remain on the ballot. The Green Party spokesman, Danielle Breck, responded to the removal, "The Montana Democratic Party’s deep pocketed effort to suppress the vote in Montana has, for the moment, succeeded.” Learn more→