Rumor has it that Justice Anthony Kennedy is telling potential new law clerks that he is considering retiring from the Supreme Court next summer, setting up an epic showdown for the 2018 midterm elections.
Pundits predicting a June 2017 announcement of Justice Kennedy’s retirement were embarrassed when the last day of the Court’s annual term ended on June 26 with no announcement.
Justices can retire at any time, and an announcement could still be forthcoming. But at this point there is no reason to expect the justice—who turns 81 this month—is retiring any day now.
But rumors started circulating around Washington last week that Justice Kennedy is interviewing candidates to serve as his law clerks for the annual clerkship term starting in July 2018, and that he is giving those candidates notice that he is contemplating retiring next summer.