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That's because, beyond misconstruing what Republicans said in 2016 about holding up Supreme Court nominees in an election year, Democrats don't have any procedural recourse to stop Senate Republicans from approving President Trump's pick.

In the spring of 2016, before his election, Trump issued a list of 11 conservative judges he considered "representative of the kind of constitutional principles I value" and saying he would use it as "a guide to nominate our next United State Supreme Court justices".

He announced his plans to retire from the nation's highest court, effective July 31.

"Hopefully we will pick someone who is just as outstanding", he told reporters in the Oval Office.

"Remember this, so we have a pick to come up, we have to pick a great one", Trump said.

Republicans refused to hold a hearing on President Barack Obama's nominee to replace Justice Antonin Scalia after the conservative stalwart died suddenly in February 2016, insisting that the seat should remain vacant until voters chose a new president that November, almost nine months later - an unprecedented move.

In a 5-4 decision, the court ruled that the president has the authority under USA immigration laws to limit travel from foreign countries on national security grounds, as the Trump administration has argued. Earlier this month it ruled in favour of a baker in Colorado who refused to make a wedding cake for a gay couple.

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With a second Supreme Court pick less than 18 months into his presidency, Justice Anthony Kennedy's retirement will hand President Trump the reins to cement conservative control, fire up supporters eager for a rightward shift and shape us justice for decades to come.

"For his 25 years on the US Supreme Court, he has been a reliable pro-abortion vote, he's been the swing vote and he has strongly affirmed the First Amendment, the free speech rights, including pro-life free speech rights, pregnancy resource centers, sidewalk counselors", Foster said.

Kennedy was famously the fifth vote in 1992 in Planned Parenthood v. Casey to reaffirm Roe v. Wade.

Crawford expects the president to name a new justice soon, to be confirmed during the summer and in place when the high court returns in October to hear arguments. That will happen automatically in my opinion.

Added Chicago-Kent College of Law professor Anthony Michael Kreis: "Without a doubt, the Court will shift to the right". Control of the Senate is at stake in the November elections, and if Democrats capture the majority, Trump could find it hard to get his choice confirmed.

Legal experts say the Supreme Court justice to succeed retiring Anthony Kennedy might ultimately be the end of legalized abortion, Law & Crime reported. To do otherwise, Chuck Schumer said, would be the "absolute height of hypocrisy".

But several former law clerks said that Kennedy, a nominee of President Ronald Reagan, prefers to be replaced by a Republican. There are some major issues that are likely to arrive before the Court in the next few years: "Do religious rights allow people to bypass laws that prohibit anti-LGBTQ discrimination in the workplace, housing, and public accommodations (such as hotels, bakeries, restaurants, and other venues that serve the public)?"