From the previous thread:

re: #132 William Lewis

But will it be heard before or after Kennedy is replaced by a Bork clone? Since we already know that the majority of people are too lazy to vote in off year elections , much less partake in a revolution, that’s pretty much the only meaningful question anymore.

So far, Anthony Kennedy has done none of the traditional things a Supreme Court justice does before retiring. Christopher Hayes’s assertion doesn’t seem to be supported by other than speculation.