The rumor mill is getting strongerÂ that Justice Kennedy will hang it up this summer, but one has to wonder if the rumors are being floated by others to coax him, or the rumors represent true information based on private conversations that have been leaked. We’ll find out soon enough.
I’ve said before that I don’t think Kennedy is the weak link in the Heller majority. We know that Alito, Thomas, and Scalia are/were firmly on board. Given Justice Gorsuch’s judicial philosophy, we can assume he’s a likely solid vote. So it’s either Roberts or Kennedy who is the weak link, or possibly both. It’s quite possible that Kennedy is reluctant on the Second Amendment, and combined with Roberts’ tendencies toward minimalism, taking the Second Amendment further is an impossible proposition with the Court as it is now. Justice Kennedy retiring would definitely change things, unlike Justice Gorsuch’s ascention, which was about maintaining status quo.
Apparently NRA and CRPA are bringing suit against California’s latest assault weapons ban. It’s pretty clear they think something has changed, or will change soon enough, to warrant taking a risky case forward.