If Kennedy retires, Donald Trump’s legacy is set

Chris Cillizza
Analysis by Chris Cillizza, CNN Editor-at-large
Updated 9:21 AM EDT, Mon June 26, 2017
WASHINGTON, DC - FEBRUARY 12: Members of the Supreme Court, (L-R) Chief Justice John Roberts and associate justices Anthony Kennendy, Ruth Bader Ginsburg, John Paul Stevens, Sonia Sotomayor and Elena Kagan, applaud as U.S. President Barack Obama arrives to deliver his State of the Union speech before a joint session of Congress at the U.S. Capitol February 12, 2013 in Washington, DC. Facing a divided Congress, Obama focused his speech on new initiatives designed to stimulate the U.S. economy and said, 'It?s not a bigger government we need, but a smarter government that sets priorities and invests in broad-based growth'. (Photo by Chip Somodevilla/Getty Images)
A look at the current Supreme Court
01:21 - Source: CNN
Supreme Court decisions 16 videos
WASHINGTON, DC - FEBRUARY 12: Members of the Supreme Court, (L-R) Chief Justice John Roberts and associate justices Anthony Kennendy, Ruth Bader Ginsburg, John Paul Stevens, Sonia Sotomayor and Elena Kagan, applaud as U.S. President Barack Obama arrives to deliver his State of the Union speech before a joint session of Congress at the U.S. Capitol February 12, 2013 in Washington, DC. Facing a divided Congress, Obama focused his speech on new initiatives designed to stimulate the U.S. economy and said, 'It?s not a bigger government we need, but a smarter government that sets priorities and invests in broad-based growth'. (Photo by Chip Somodevilla/Getty Images)
A look at the current Supreme Court
01:21
Now playing
- Source: CNN
WASHINGTON - FEBRUARY 05: The U.S. Supreme Court is shown February 5, 2009 in Washington, DC. It was announced today that Supreme Court Justice Ruth Bader Ginsburg had surgery after being diagnosed with pancreatic cancer. (Photo by Win McNamee/Getty Images)
SCOTUS: States can force tax on online shoppers
01:32
Now playing
- Source: CNN
Jack Phillips Today Show
Colorado baker: I couldn't create this cake
02:18
Now playing
- Source: CNN
A wedding cake with statuettes of two men is seen during the demonstration in West Hollywood, California, May 15, 2008, after the decision by the California Supreme Court to effectively greenlight same-sex marriage. AFP PHOTO / GABRIEL BOUYS (Photo credit should read GABRIEL BOUYS/AFP/Getty Images)
SCOTUS rules for baker in same-sex cake case
02:04
Now playing
- Source: CNN
People wait in line to enter the U.S. Supreme Court, on April 23, 2018 in Washington, DC.
SCOTUS wipes away lower court ruling
01:44
Now playing
- Source: CNN
how the supreme court picks cases_00000000.jpg
How the Supreme Court picks its cases
01:39
Now playing
- Source: CNN
T1 trump travel ban map 030617
Supreme Court allows parts of travel ban
01:31
Now playing
- Source: CNN
WASHINGTON - JUNE 25: The exterior view of the U.S. Supreme Court is seen June 25, 2007 in Washington, DC. The Supreme Court has ruled to give more freedom for interest groups and unions to run TV ads before elections, and also ruled to limit taxpayers' rights to challenge government initiatives as unconstitutionally promoting religion. (Photo by Alex Wong/Getty Images)
Supreme Court throws out NC redistricting maps
01:05
Now playing
- Source: CNN
Pro-choice activist, Alissa Manzoeillo, of Washington, D.C. waits for rulings in front of the U.S. Supreme Court on June 27, 2016 in Washington, DC. A ruling is expected in Whole Woman's Health v. Hellerstedt, a Texas case the places restrictions on abortion clinics, as well as rulings in the former Virginia Governor's corruption case and a gun rights case.
Supreme Court rules on Texas abortion law
01:25
Now playing
- Source: CNN
Obama Supreme Court immigration ruling_00000000.jpg
Obama responds to immigration ruling
01:16
Now playing
- Source: CNN
The U.S. Supreme Court is shown as the court meets to issue decisions May 23, 2016 in Washington, D.C.
SCOTUS upholds university's affirmative action plan
01:11
Now playing
- Source: CNN
WASHINGTON, DC - JUNE 25: A gay marriage waves a flag in front of the Supreme Court Building June 25, 2015 in Washington, DC. The high court is expected rule in the next few days on whether states can prohibit same sex marriage, as 13 states currently do. (Photo by Mark Wilson/Getty Images)
GOP hopefuls denounce marriage ruling
01:36
Now playing
- Source: CNN
The Justices of the U.S. Supreme Court sit for their official photograph on October 8, 2010, in Washington.
Supreme Court rules on EPA emissions limits
01:21
Now playing
- Source: CNN
The U.S. Supreme Court is shown March 29, 2016 in Washington, DC following the first 4-4 tie in a case before the court.
Supreme Court rules 7-1 in favor of death row inmate
01:09
Now playing
- Source: CNN
A general view of the US Supreme Court in Washington, DC, June 18, 2015. AFP PHOTO/JIM WATSON (Photo credit should read JIM WATSON/AFP/Getty Images)Supreme Court building exterior
Supreme Court rules in favor of lethal injection drug
01:37
Now playing
- Source: CNN
Supreme Court rules on congressional districting
01:14
Now playing
- Source: CNN
CNN  — 

The final week of the Supreme Court session opens Monday, and with it comes rampant speculation that Justice Anthony Kennedy may call it quits.

If Kennedy does announce his retirement, it would almost certainly ensure not only a clear rightward swing in the Court but would also cement a major part of Donald Trump’s legacy barely five months into his first term.

The best days Trump had on the campaign trail were all centered on the Supreme Court. His May release of a list of 11 people he would nominate to fill the opening created by the death of Antonin Scalia served as a major rallying point for GOP primary voters still wary of backing someone who was a very recent convert to their way of thinking.

Judge Neil Gorsuch (C) and his wife Marie Louise look on, after US President Donald Trump nominated him for the Supreme Court, at the White House in Washington, DC, on January 31, 2017. Trump named Judge Neil Gorsuch as his Supreme Court nominee. / AFP / Brendan SMIALOWSKI
Judge Neil Gorsuch (C) and his wife Marie Louise look on, after US President Donald Trump nominated him for the Supreme Court, at the White House in Washington, DC, on January 31, 2017. Trump named Judge Neil Gorsuch as his Supreme Court nominee. / AFP / Brendan SMIALOWSKI
BRENDAN SMIALOWSKI/AFP/AFP/Getty Images

Trump's awkward trip to the Supreme Court

When his campaign was flagging last fall, Trump returned to a familiar strategy – putting out a wider list of 21 names he might choose to be the next member of the nation’s highest court.

And Trump’s single best day as president came on February 1 when he announced Neil Gorsuch as his pick to replace Scalia.

Why was the Court Trump’s biggest crutch with Republican voters both during the campaign and now? Just ask him!

“If you really like Donald Trump, that’s great, but if you don’t, you have to vote for me anyway,” Trump told GOP voters in Iowa almost a year ago. “You know why? Supreme Court judges, Supreme Court judges. Have no choice, sorry, sorry, sorry. You have no choice.”

Anthony Kennedy, the longest-serving member of the current Supreme Court, <a href="https://www.cnn.com/2018/06/27/politics/anthony-kennedy-retires/index.html" target="_blank">has announced that he will be retiring</a> at the end of July. Kennedy, 81, was appointed by President Ronald Reagan in 1988. He is a conservative justice but has provided crucial swing votes in many cases.
Anthony Kennedy, the longest-serving member of the current Supreme Court, has announced that he will be retiring at the end of July. Kennedy, 81, was appointed by President Ronald Reagan in 1988. He is a conservative justice but has provided crucial swing votes in many cases.
Eric Thayer/Getty Images
Kennedy was born in Sacramento, California, on July 23, 1936. In this photo, circa 1939, he sits between his mother, Gladys, and his sister, Nancy.
Kennedy was born in Sacramento, California, on July 23, 1936. In this photo, circa 1939, he sits between his mother, Gladys, and his sister, Nancy.
Courtesy of Dana Smith
Kennedy wears his Cub Scout uniform as he poses with his brother, Tim, circa 1946.
Kennedy wears his Cub Scout uniform as he poses with his brother, Tim, circa 1946.
Courtesy U.S. Supreme Court
Kennedy, third from right in the front row, stands with other Cub Scouts in the 1940s.
Kennedy, third from right in the front row, stands with other Cub Scouts in the 1940s.
Sacramento Bee/ZUMAPRESS
Kennedy, right, spent time with the California Army National Guard after finishing law school in 1961. The man on the left, John J. Hamlyn Jr., also became a lawyer like Kennedy.
Kennedy, right, spent time with the California Army National Guard after finishing law school in 1961. The man on the left, John J. Hamlyn Jr., also became a lawyer like Kennedy.
Sacremento Bee/Zumapress
Kennedy, right, and Hamlyn pose for a photo after basic training.
Kennedy, right, and Hamlyn pose for a photo after basic training.
Sacramento Bee/ZUMAPRESS
After more than a decade as a lawyer, Kennedy became a judge on the US Court of Appeals in 1975. He was nominated by President Gerald Ford on the recommendation of California Gov. Ronald Reagan.
After more than a decade as a lawyer, Kennedy became a judge on the US Court of Appeals in 1975. He was nominated by President Gerald Ford on the recommendation of California Gov. Ronald Reagan.
Owen Brewer/Sacramento Bee/Zumapress
This courtroom photo of Kennedy was taken in 1976.
This courtroom photo of Kennedy was taken in 1976.
Courtesy of McGeorge School of Law
Kennedy has breakfast with his wife, Mary, and his son Gregory in 1984.
Kennedy has breakfast with his wife, Mary, and his son Gregory in 1984.
Frank Stork/Sacramento Bee/ZUMAPRESS
Kennedy and his wife walk together in Sacramento, California, in 1987.
Kennedy and his wife walk together in Sacramento, California, in 1987.
Dick Schmidt/Sacramento Bee via ZUMA Wire/ZUMAPRESS
From 1965 to 1988, Kennedy was also a professor of constitutional law at the University of the Pacific's McGeorge School of Law.
From 1965 to 1988, Kennedy was also a professor of constitutional law at the University of the Pacific's McGeorge School of Law.
Frank Stork/Sacramento Bee/ZUMAPRESS
In 1987, Kennedy was nominated by President Reagan to fill the Supreme Court seat vacated by Lewis Powell's retirement. The nomination came after the confirmation failures of nominees Robert Bork and Douglas Ginsburg.
In 1987, Kennedy was nominated by President Reagan to fill the Supreme Court seat vacated by Lewis Powell's retirement. The nomination came after the confirmation failures of nominees Robert Bork and Douglas Ginsburg.
Getty Images
Kennedy, center, talks with US Sens. Ted Kennedy, left, and Joe Biden before a confirmation hearing in Washington. The two Kennedys are not related.
Kennedy, center, talks with US Sens. Ted Kennedy, left, and Joe Biden before a confirmation hearing in Washington. The two Kennedys are not related.
Doug Mills/AP
Kennedy meets with President Reagan in the Oval Office.
Kennedy meets with President Reagan in the Oval Office.
White House Photo
Kennedy is joined by his wife as he is sworn in by Chief Justice William Rehnquist on February 18, 1988. Reagan is on the right.
Kennedy is joined by his wife as he is sworn in by Chief Justice William Rehnquist on February 18, 1988. Reagan is on the right.
Bettmann/Getty Images
Kennedy, top right, appears in a formal Supreme Court portrait in April 1988. In the front row, from left, are Thurgood Marshall, William Brennan Jr., Chief Justice William Rehnquist, Byron White and and Harry Blackmun. In the back row, from left, are Antonin Scalia, John Paul Stevens, Sandra Day O'Connor and Kennedy.
Kennedy, top right, appears in a formal Supreme Court portrait in April 1988. In the front row, from left, are Thurgood Marshall, William Brennan Jr., Chief Justice William Rehnquist, Byron White and and Harry Blackmun. In the back row, from left, are Antonin Scalia, John Paul Stevens, Sandra Day O'Connor and Kennedy.
Bob Daugherty/AP
Kennedy speaks at the McGeorge School of Law in 1991. He delivered the inaugural address in a lecture series named for the late Archie Hefner, whose portrait is behind Kennedy. Hefner was a prominent Sacramento attorney active in numerous civic and charitable groups. He died in 1988.
Kennedy speaks at the McGeorge School of Law in 1991. He delivered the inaugural address in a lecture series named for the late Archie Hefner, whose portrait is behind Kennedy. Hefner was a prominent Sacramento attorney active in numerous civic and charitable groups. He died in 1988.
Owen Brewer/Sacramento Bee/Zumapress
Kennedy is on the far right in this Supreme Court portrait from 1998. In the front row, from left, are Antonin Scalia, John Paul Stevens, Chief Justice William Rehnquist, Sandra Day O'Connor and Kennedy. In the back row, from left, are Ruth Bader Ginsburg, David Souter, Clarence Thomas and Stephen Breyer.
Kennedy is on the far right in this Supreme Court portrait from 1998. In the front row, from left, are Antonin Scalia, John Paul Stevens, Chief Justice William Rehnquist, Sandra Day O'Connor and Kennedy. In the back row, from left, are Ruth Bader Ginsburg, David Souter, Clarence Thomas and Stephen Breyer.
AFP/Getty Images
In 2004, Kennedy speaks to high school students at the Ronald Reagan Presidential Library in Simi Valley, California.
In 2004, Kennedy speaks to high school students at the Ronald Reagan Presidential Library in Simi Valley, California.
DAVE GETZSCHMAN/AP
Kennedy speaks during a Senate subcommittee hearing in 2002.
Kennedy speaks during a Senate subcommittee hearing in 2002.
Mark F. Sypher/CQ-Roll Call Group/Getty Images
Kennedy discusses the court's budget requests with a House committee in April 2005.
Kennedy discusses the court's budget requests with a House committee in April 2005.
Win McNamee/Getty Images
Kennedy participates in a panel discussion in Washington in November 2005.
Kennedy participates in a panel discussion in Washington in November 2005.
David Scull/Bloomberg/Getty Images
Kennedy receives an honorary degree at New York University in May 2006.
Kennedy receives an honorary degree at New York University in May 2006.
TIMOTHY A. CLARY/AFP/Getty Images
Kennedy delivers the commencement address at New York University.
Kennedy delivers the commencement address at New York University.
MARILYNN K. YEE/New York Times/Redux
In February 2007, Kennedy testifies at a Senate committee hearing on judicial security and independence.
In February 2007, Kennedy testifies at a Senate committee hearing on judicial security and independence.
Ken Cedeno/Bloomberg/Getty Images
Kennedy testifies before a House subcommittee in March 2007. He and fellow Justice Clarence Thomas spoke about concerns with the ongoing remodeling of the court building, the reduction of paperwork due to electronic media, and the disparity of pay between federal judges and lawyers working in the private sector.
Kennedy testifies before a House subcommittee in March 2007. He and fellow Justice Clarence Thomas spoke about concerns with the ongoing remodeling of the court building, the reduction of paperwork due to electronic media, and the disparity of pay between federal judges and lawyers working in the private sector.
Chip Somodevilla/Getty Images
The Supreme Court meets with President Barack Obama and Vice President Joe Biden in September 2009. From left are Samuel Alito, Ruth Bader Ginsburg, Kennedy, John Paul Stevens, Chief Justice John Roberts, Obama, Sonia Sotomayor, Biden, Antonin Scalia, Clarence Thomas, Stephen Breyer and retired Justice David Souter.
The Supreme Court meets with President Barack Obama and Vice President Joe Biden in September 2009. From left are Samuel Alito, Ruth Bader Ginsburg, Kennedy, John Paul Stevens, Chief Justice John Roberts, Obama, Sonia Sotomayor, Biden, Antonin Scalia, Clarence Thomas, Stephen Breyer and retired Justice David Souter.
The White House/Getty Images
Kennedy leaves after a Catholic Mass in Washington in October 2009.
Kennedy leaves after a Catholic Mass in Washington in October 2009.
Jose Luis Magana/AP
Kennedy joins the President and other officials at a memorial for the victims of a shooting in Tucson, Arizona, in 2011.
Kennedy joins the President and other officials at a memorial for the victims of a shooting in Tucson, Arizona, in 2011.
DOUG MILLS/The New York Times/Redux
Kennedy smiles as he is introduced to faculty members at the University of Pennsylvania Law School in October 2013. Kennedy was teaching there for a week.
Kennedy smiles as he is introduced to faculty members at the University of Pennsylvania Law School in October 2013. Kennedy was teaching there for a week.
Matt Slocum/AP
Kennedy is saluted by sailors as he tours the USS John C. Stennis in 2015.
Kennedy is saluted by sailors as he tours the USS John C. Stennis in 2015.
Smith Collection/Gado/Getty Images
Kennedy testifies about a Supreme Court budget request during a House subcommittee meeting in 2015.
Kennedy testifies about a Supreme Court budget request during a House subcommittee meeting in 2015.
Manuel Balce Ceneta/AP
President Obama greets Kennedy and other Supreme Court justices before his final State of the Union address in January 2016.
President Obama greets Kennedy and other Supreme Court justices before his final State of the Union address in January 2016.
Stephen Crowley/The New York Times/Redux
Kennedy, second from left, joins other Supreme Court justices in February 2017 during President Donald Trump's first address to a joint session of Congress.
Kennedy, second from left, joins other Supreme Court justices in February 2017 during President Donald Trump's first address to a joint session of Congress.
Jim Lo Scalzo/EPA/Redux/
As President Trump looks on, Kennedy administers the judicial oath to new Justice Neil Gorsuch in April 2017.
As President Trump looks on, Kennedy administers the judicial oath to new Justice Neil Gorsuch in April 2017.
Eric Thayer/Getty Images
Kennedy and Trump walk together after Gorsuch's swearing-in ceremony.
Kennedy and Trump walk together after Gorsuch's swearing-in ceremony.
Jim Lo Scalzo/EPA/Redux
Trump stands with the Supreme Court at Gorsuch's formal investiture ceremony in June 2017. From left are Elena Kagan, Samuel Alito, Ruth Bader Ginsburg, Kennedy, Chief Justice John Roberts, Trump, Gorsuch, Clarence Thomas, Stephen Breyer and Sonia Sotomayor.
Trump stands with the Supreme Court at Gorsuch's formal investiture ceremony in June 2017. From left are Elena Kagan, Samuel Alito, Ruth Bader Ginsburg, Kennedy, Chief Justice John Roberts, Trump, Gorsuch, Clarence Thomas, Stephen Breyer and Sonia Sotomayor.
Fred Schilling, Collection of the Supreme Court of the United States
Several members of the Supreme Court pose for a portrait before taking part in a procession to mark Harvard Law School's bicentennial in October 2017. On the top row, from left, are Kennedy, Roberts, Breyer and Gorsuch. In front of them are Kagan and retired Supreme Court Justice David Souter.
Several members of the Supreme Court pose for a portrait before taking part in a procession to mark Harvard Law School's bicentennial in October 2017. On the top row, from left, are Kennedy, Roberts, Breyer and Gorsuch. In front of them are Kagan and retired Supreme Court Justice David Souter.
Jessica Rinaldi/The Boston Globe via Getty Images