Justice Anthony Kennedy will retire this summer, GOP senator says

A Republican U.S. senator says that Justice Anthony Kennedy, the swing vote who has decided many pivotal cases on the Supreme Court, will retire this summer.

Audio of Nevada's Dean Heller speaking at a recent event in Las Vegas obtained by POLITICO showed his view that the departure of the justice would be a boost for his reelection campaign this fall.

"Kennedy is going to retire around sometime early summer," Heller, who is viewed as vulnerable in November after Hillary Clinton won Nevada in 2016.

The justice was appointed by conservative Ronald Reagan after the failed nomination of Robert Bork, but his judicial philosophy has placed him in the middle of the court on many important issues and given him an incredibly powerful position in the political life of the country.

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Supreme Court Justices

John Roberts, Chief Justice

Born: 1955

Joined Supreme Court: 2005

Appointed by: George W. Bush

Votes: Conservative

US Supreme Court Chief Justice John Roberts is followed by Elena Kagan on her way to take the Judicial Oath to become the 112th US Supreme Court justice, in Washington on August 7, 2010. (Photo credit should read PAUL J. RICHARDS/AFP/Getty Images)

Ruth Bader Ginsburg

Born: 1933

Joined Supreme Court: 1993

Appointed by: Bill Clinton

Votes: Liberal

(Photo by Dennis Brack/Bloomberg via Getty Images)

Anthony Kennedy

Born: 1936

Joined Supreme Court: 1988

Appointed by: Ronald Reagan

Votes: Conservative/Center

U.S. Supreme Court Justice Anthony Kennedy listens to opening statements during a Financial Services and General Government Subcommittee in Washington, D.C. Photographer: Pete Marovich/Bloomberg via Getty Images

Clarence Thomas

Born: 1948

Joined Supreme Court: 1991

Appointed by: George H.W. Bush

Votes: Conservative

U.S. Supreme Court Justice Clarence Thomas testifies during a hearing before the Financial Services and General Government Subcommittee of the House Appropriations Committee April 15, 2010 on Capitol Hill in Washington, DC.(Photo by Alex Wong/Getty Images)

Stephen Breyer

Born: 1938

Joined Supreme Court: 1994

Appointed by: Bill Clinton

Votes: Liberal/Center

United States Supreme Court Justice Stephen Breyer speaks at the Harvard University Institute of Politics John F. Kennedy School of Government John F. Kennedy Jr. Forum on November 6, 2015 in Cambridge, Massachusetts. (Photo by Paul Marotta/Getty Images)

Samuel Alito

Born: 1950

Joined Supreme Court: 2006

Appointed by: George W. Bush

Votes: Conservative

U.S. Supreme Court Associate Justice Samuel Alito speaks during the Georgetown University Law Center's third annual Dean's Lecture to the Graduating Class in the Hart Auditorium in McDonough Hall February 23, 2016 in Washington, DC. (Photo by Chip Somodevilla/Getty Images)

Sonia Sotomayor

Born: 1954

Joined Supreme Court: 2009

Appointed by: Barack Obama

Votes: Liberal

Associate Justice, Supreme Court of the United States Sonia Sotomayor discusses her book 'My Beloved World' presented in association with Books and Books at Bank United Center on February 1, 2013 in Miami, Florida. (Photo by Vallery Jean/FilmMagic)

Elena Kagan

Born: 1960

Joined Supreme Court: 2010

Appointed by: Barack Obama

Votes: Liberal

Associate Justice of the U.S. Supreme Court Elena Kagan speaks onstage at the FORTUNE Most Powerful Women Summit on October 16, 2013 in Washington, DC. (Photo by Paul Morigi/Getty Images for FORTUNE)
U.S. Supreme Court Justice Neil Gorsuch participates in taking a new family photo with his fellow justices at the Supreme Court building in Washington, D.C., U.S., June 1, 2017. REUTERS/Jonathan Ernst
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At 81 years old, he is the second oldest of the Supreme Court justices, who serve for life, after liberal Bill Clinton choice Ruth Bader Ginsburg.

Kennedy, who has written historic decisions such as the one that allowed gay marriage nationwide, has not commented publicly about the report.

The makeup of the Court did not shift dramatically after the last change in justices, when Barack Obama's pick of Merrick Garland was delayed until after the 2016 election by Republicans who voted in Neil Gorsuch.

It is not clear whether President Trump would pick someone similarly in the mold of the late Antonin Scalia, or would go for a compromise candidate.

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