Specifically, the retirement of Justice Anthony M. Kennedy, who will turn 81 next month and is the longest-serving current justice, named to the high court nearly 30 years ago. The case involves limits on public funding for churches and other religious entities.
In another post, Bush described slavery and abortion as "the two greatest tragedies in our country" and said they "relied on similar reasoning and activist justices at the U.S. Supreme Court, first in the Dred Scott decision, and later in Roe".
Also expected in the next few days, though there is no deadline by which the court must decide, is a ruling on whether to allow the administration to immediately enforce a 90-day ban on visitors from six mostly Muslim countries.
"Like the ultimate question [of] whether a regulation has gone too far, the question of the proper parcel in regulatory takings cases can not be solved by any simple test", he wrote.
McDonald was appointed to the Ninth Judicial Circuit bench in 1961 and served there until his appointment to the Florida Supreme Court in 1979 by then-Gov.
The justices, in the 5-3 ruling written by conservative Justice Anthony Kennedy and joined by the court's four liberals, upheld the use of zoning regulations by Wisconsin to prevent members of the Murr family from selling the vacant lot because the four siblings also owned an adjoining parcel of land.
But Roberts took issue with the majority's "ad-hoc, case specific" way of defining property in takings cases, which he felt will give too much advantage to one side.
But Washington is rife with rumors and speculation about the future of Justice Anthony Kennedy and whether or not he will retire after the term. Justice Kennedy, who turns 81 next month and has been on the court for almost 30 years, gathered with his clerks over the weekend for a reunion that was pushed up a year. The Associated Press cited in a report on Saturday "several" former law clerks who said they think Kennedy might only have a year left.
Though a conservative nominated by former President Ronald Reagan, Kennedy is regarded as a more moderate justice who "has always resisted easy categorization", as the New York Times' Adam Cohen put it in 2006, when Kennedy's role increased shortly after Justice Sandra Day O'Connor retired.
Kennedy has been tight-lipped on retirement rumors.. Justice Neil Gorsuch, who was not on the court during arguments in the case, did not participate.
Speculation about a Kennedy retirement was sparked partly because he was slow to hire clerks for the court's next term. He has also been the decisive vote in numerous Courts most notable cases dealing with issues such as LGBT rights. Kennedy is best known for his opinion in Obergefell v. Hodges, which legalized gay marriage in 2015.
Kennedy's name isn't the only one that has been floated as a possible retirement this year. Democrats under Barack Obama attempted to pressure Justice Ginsburg to step down before the election in order to protect the ideological lean of the Court.
"As the court's most important Justice-at the center of the institution's ideological balance-Justice Kennedy's ability to bridge the divide between left and right on critical issues such as the right to access abortion can not be overstated", Elizabeth Wydra, president of the Constitutional Accountability Center, told CNN.
Thomas, appointed to the court in 1991, takes pride in his many dissents - often alone - insisting that the justices follow the original meaning of the Constitution even when that means overturning established case law.