Barack Obama will not have that chance this presidential term with the announcement from friends and relatives of Kennedy, that he intends to stay on for another 3 years, leaving him their til the end of Obama's term.
Justice Kennedy, who turns 74 this month, has told relatives and friends he plans to stay on the high court for at least three more years - through the end of Obama's first term, sources said.
That means Kennedy will be around to provide a fifth vote for the court's conservative bloc through the 2012 presidential election. If Obama loses, Kennedy could retire and expect a Republican President to choose a conservative justice.
Kennedy, appointed by President Ronald Reagan, has been on the court 22 years. He has become a bit of a political nemesis at the White House for his increasing tendency to side with the court's four rock-ribbed conservative justices
Nuff said.
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