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Photo: Andrew Burton/Getty Images

Supreme Court Justice Anthony Kennedy's abrupt decision Wednesday to retire next month unleashed an intense partisan debate over how to handle the confirmation of his successor, with Senate Minority Leader Chuck Schumer insisting it must be done after the midterms.

"Our Republican colleagues in the Senate should follow the rule they set in 2016: Not to consider a Supreme Court justice in an election year. ... Millions of people are just months away from determining senators who should vote to confirm or reject the President's nominee. And their voices deserve to be heard."
— Schumer said on the Senate floor

The backdrop: Democrats are drawing parallels with Senate Republicans’ 2016 decision to block former President Obama’s nominee, Merrick Garland, from succeeding the late Justice Antonin Scalia.

Meanwhile, just moments after Kennedy’s decision, Majority Leader Mitch McConnell (R-Ky.) said the Senate "will vote to confirm Justice Kennedy’s successor this fall" — before the midterms. The move would give Republicans a leg up, while also creating a difficult political situation for red-state Democrats who may be opposed to a conservative Supreme Court Justice but need support from voters ahead of the November elections.

Go deeper

Ben Geman, author of Generate
17 mins ago - Politics & Policy

Biden to sign major climate orders, setting up clash with oil industry

Illustration: Aïda Amer/Axios

President Biden will sign new executive actions today that provide the clearest signs yet of his climate plans — elevating the issue to a national security priority and kicking off an intense battle with the oil industry.

Driving the news: One move will freeze issuance of new oil-and-gas leases on public lands and waters "to the extent possible," per a White House summary.

The rebellion against Silicon Valley (the place)

Photo illustration: Sarah Grillo/Axios. Smith Collection/Gado via Getty Images

Silicon Valley may be a "state of mind," but it's also very much a real enclave in Northern California. Now, a growing faction of the tech industry is boycotting it.

Why it matters: The Bay Area is facing for the first time the prospect of losing its crown as the top destination for tech workers and startups — which could have an economic impact on the region and force it to reckon with its local issues.

Erica Pandey, author of @Work
4 hours ago - Economy & Business

Telework's tax mess

Illustration: Annelise Capossela/Axios

As teleworkers flit from city to city, they're creating a huge tax mess.

Why it matters: Our tax laws aren't built for telecommuting, and this new way of working could have dire implications for city and state budgets.