The balance of the Supreme Court is set to move further towards the conservatives with the retirement of Supreme Court Justice Anthony Kennedy.

It paves the way for Donald Trump to appoint a successor who could overturn laws that protect abortion access and gay rights.

The Supreme Court’s balance of power has historically been very close between Democrats and Republicans (or between more conservative or more liberal), currently with five Justices nominated by a Republican president and four nominated by a Democrat president.

Justice Anthony Kennedy, who entered the role during President Ronald Reagan’s time in office, has earned the reputation of being the ‘swing’ vote, being the conservative with liberal leanings.




He announced Wednesday that he will leave the body at the end of next month at the age of 81, with the president expected to nominate a more hardline successor.

That raises the prospect of the US Supreme Court being led by more traditional conservatives, raising the prospect of access to abortion and immigration laws being made more stringent.

Justices of the Supreme Court have a lifetime tenure, though with three remaining judges over the age of 70 (including one who is 85), the balance rarely remain the same for a generation.

The average tenure for Justices appointed in 1950 or later is 19.4 years. The three Justices over 70 have all served at least 20 years.

Supreme Justice Anthony Kennedy announed his retirement Wednesday, with Donald Trump likely to announce a far more conservative replacement for him (Picture: AP)

The president has said his replacement will come from a previously-published list of 25 candidates.

A White House spokesman paid tribute to Kennedy, saying: ‘Justice Kennedy has been a tireless voice for individual rights and the Founders’ enduring vision of limited government.

‘His words have left an indelible mark not only on this generation, but on the fabric of American history.’

Kennedy was the least conservative of the five justices appointment by republican presidents, although he frequently voted the same way as his colleagues.

He joined them in gutting the Voting Rights Act, which allows corporations and unions to spend unlimited funds to support politican candidates.

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Kennedy, who was appointed by Ronald Reagan in 1988, also backed the Second Amendment rights of Americans to own a firearm.

His liberal positions include banning capital punishment for America’s youngest offenders, and asserting that Guantanamo Bay inmates had the right to challenge their imprisonment.

He also limited the powers of individual states to enforce their own immigration laws.

Kennedy has been hawkish on issues including gun control and campaign spending, but was credited with helping usher in same-sex marriage in the US in 2015 (Picture: AFP)

Justice Kennedy is also credited with helping advance gay rights in the US, most notably the 2015 ruling that struck down a nationwide ban on same-sex marriage.

Legal expert Tom Goldstein told NBC: ‘Justice Kennedy was the most important member of the court in a century, maybe ever.

‘It’s not just that he was the pivotal vote so often.

‘It’s that his thinking changed the country.

‘Gay rights is the biggest example, but it’s not the only one.’

Trump’s replacement candidate is expected to be much further to the right than Kennedy.

Trump has made pro-life statements since becoming president, although it is currently unclear whether the other three judges and Kennedy’s successor could spark a crackdown on women’s access to terminations.