To help break down what might come next and the potential consequences, we reached out to Kate Shaw, an ABC News contributor and a Cardozo School of Law professor. He wrote this for the Sacramento Bee.
"By the way", she added, "you know, Neil Gorsuch, who I did not support as a Supreme Court Justice he's joined two of the most conservatives justices Clarence Thomas and uh Alito on the court to take the position that the entire injunction should have been lifted". While the precise contours of Gorsuch's opinions are uncertain, and he could surprise in criminal cases, there's little doubt that, like Scalia, conservatives will be able to count on his vote.
In the meantime, the court will allow a limited version of the ban to take effect.
"The world - and justice Kennedy - likely suspect that both those challenging and defending the so-called travel ban are arguing to an audience of one", Levinson said. On Monday, it ruled, in Trinity Lutheran Church v. Comer, that the First Amendment's Free Exercise Clause prohibits the government from denying a church a generally available public benefit on account of its religious status. I assume that it must be very hard to leave his pivotal role on the nation's highest court.
The conservative wing could become even stronger if rumors about Kennedy's impending retirement prove true. Yet the notoriously ideologically divided justices came together this term, as they often do, in cases involving business.
The justices closed their nine-month term this week with a new list of major cases they will hear - and without a retirement announcement from the 80-year-old Kennedy.
"From what we see today, we expect [Gorsuch] will join the ultraconservative side of the court and continue to vote in opposition to same sex marriage, women's rights and in favor of the death penalty", said Nan Aron, founder and president of the liberal Alliance for Justice, which opposed Gorsuch's confirmation.
"The Court's decision ... reflects a distressing trend: the treatment of the Second Amendment as a disfavored right", they wrote. He has consistently been with conservative majorities rejecting claims that religious symbols on government property or government aid to religion violate the Constitution.
In the event of a retirement, would the justice leave the court immediately? His greatest legacy is in the area of expanding rights for gays and lesbians.
"Today's decision by the Supreme Court is welcome news for California and gun safety everywhere".
Recent weeks have been filled with speculation that Kennedy might retire at term's end.
Kennedy wrote the opinion in Lawrence v. Texas in 2003 that state governments can not criminally punish private consensual homosexual activity. Indeed, he treated his first majority opinion about who counts as a "debt collector" under federal law - in Henson vs. Santander Consumer U.S.A. - as essentially a grammar lesson applying Scalian "textualism".
He has been instrumental in limiting presidential power in the context of the war on terror.
"You can't understand how important his affirmative action opinion is without understanding his earlier jurisprudence", said Katyal.
Finally, his views on race seemed to shift somewhat in his last few years on the bench. Then just past year he joined the liberals in a strong opinion striking down a restrictive Texas abortion law and again reaffirming Roe.
Every term offers what one former Supreme Court nominee called an "intellectual feast" of cases, which may be a reason it's so hard to leave the court.
MORAN: And then the real buzz about Justice Anthony Kennedy.