Category Archives: legal news

SCOTUS shows its consequence

There can be no greater example of electoral consequence than the decision delivered this week by the U.S. Supreme Court that overturns Roe v. Wade, the landmark 1973 ruling that legalized abortion in the United States.

Ponder this for a moment:

Justice Clarence Thomas is the court’s senior member, serving on the high court since 1991; the man who selected him, President George H.W. Bush, left office in 1993. Justice Samuel Alito joined the court in 2006; the president who nominated him, George W. Bush, left office in 2009. Chief Justice John Roberts took his post in 2005 after being nominated by President George W. Bush.

Those three conservative justices have stayed far beyond the terms of their political sponsors. The same likely will hold true for three more judicial conservatives, Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, all of whom were nominated by Donald J. Trump.

Remember, too, that Trump declared while running for office in 2016 that he would find “two or three” justices who would overturn Roe v. Wade. He did … and they did. They, too, are likely to remain in office many decades after Trump leaves the scene.

Justice Stephen Breyer is retiring and will be replaced by Justice Ketanji Brown Jackson, President Biden’s lone selection (so far!) to the nation’s highest court.

Yes, elections have consequences. I now shall assert that the next president election must be determined at least partly by how voters want their Supreme Court to function well into the future.

Do we really want a SCOTUS making far-reaching decisions based on justices’ own religious bias?

johnkanelis_92@hotmail.com

‘Representative democracy’ takes a hit

I need to stipulate something up front that shouldn’t need to be stated, which is that we all live in what we call a “representative democracy.”

What does that mean? To me it means that the men and women who serve in our nation’s public offices need to represent the will of the people they govern.

OK, are we clear on that? Good! Then consider this:

Every reputable public opinion poll taken reveals that a substantial majority of Americans favor maintaining abortion rights for women. Gallup, Harris, Quinnipiac, Roper, Ipsos — all of ’em — tell us that most Americans want women to have the right to govern their own bodies.

The U.S. Supreme Court, though, today said the U.S. Constitution does not guarantee a woman’s right to terminate a pregnancy. The ruling comes as the court has struck down the Roe v. Wade landmark ruling that stood as settled law since it was announced in January 1973. Women no longer are able to obtain an abortion.

Most Americans believe in providing abortion rights for women. A minority in Congress and in our legislatures believe something else.

Where I come from, when the minority rules supersede the beliefs of the majority, we call that “governing by tyrannical means.”

Is that what we are becoming?

johnkanelis_92@hotmail.com

SCOTUS might just be getting warmed up

The U.S. Supreme Court is feeling its Wheaties today after handing down a ruling that effectively ends legalized abortion in the United States of America.

It’s a dark day in American juris prudence, at least as I see it.

But … here’s some real bad news: The nation’s highest court now could be feeling so emboldened that it will take dead aim on such constitutional guarantees as the right to marry someone of the same gender as you.

Let’s ponder that for a brief moment.

Texas once had a law on the books that was called colloquially the “anti-sodomy law.” It banned same-sex marriage. I have no need to explain the origin of the “anti-sodomy law” description.

Then the Supreme Court, in a stunning decision just a few years ago, declared that the Equal Protection Clause of the 14th Amendment applied to same-sex couples as well as straight couples, that everyone in this country is entitled to “equal protection under the law.” The ruling was hailed as huge step toward recognizing gay marriage as legal.

It has now been established as “settled law.”

Or … is it?

The court might believe it is ready to impose its own form of morality on a nation well could have an entirely different view. The gay marriage ruling has been essentially hailed as a victory for inclusion of all Americans under a constitutional clause that many had believed had excluded them from its protection.

Is the Supreme Court really prepared to walk down that path, just as it has decided that Roe v. Wade, the decision that had been settled law for 50 years, now no longer is valid?

Folks, we well might have a U.S. Supreme Court that is preparing to run amok.

johnkanelis_92@hotmail.com

SCOTUS might spur political uprising

The U.S. Supreme Court’s stunning decision announced today that tosses aside a long-settled law enabling women to obtain legal abortions well could create a midterm campaign issue for the ages.

Or … it might fizzle out like warmed-over soda pop.

The court ruled 6-3 that the Constitution does not guarantee a woman’s right to an abortion, which was the basis for the1973 Roe v. Wade ruling that legalized the procedure in the United States.

Conservatives are joyous at the ruling. The rest of us? Well … we’re not.

The midterm election now could hang on whether enough voters are concerned enough to elect members of Congress, governors and state legislators who believe that women have a right to terminate a pregnancy.

My hope is that it does energize the electorate. That it does stem the so-called “red wave” that threatens to sweep Democrats out of control in Congress. That it does elect state legislators and governors in states that already have dropped the hammer on hapless women who now no longer can obtain an abortion legally.

The consequences of this decision are far-reaching and frightening to many women across the land. It won’t end abortion. It only makes it more dangerous as desperate women seek them. What then? Who cares for women whose bodies are devastated by botched procedures?

We hear it said over and over: that “elections have consequences.” We now are paying for the travesty that occurred in 2016 when Donald J. Trump slithered his way into the White House and — with the help of a GOP majority in the Senate — managed to get three individuals confirmed to the SCOTUS.

The right-wing cabal on the high court has set the cause of women’s rights back for decades to come. It now falls on the rest of us to ensure that our ballots count in this year’s midterm election … and beyond.

johnkanelis_92@hotmail.com

SCOTUS strikes down Roe … let the fight commence

Whatever crap you might hear from this day forward about how conservatives will not tolerate “judicial activism” or “legislating from the bench,” think of this day when the Supreme Court did exactly that with its decision striking down a woman’s constitutional right to obtain an abortion.

The U.S. Constitution, said the court in a 6-3 ruling, does not guarantee a woman’s right to an abortion, and it now hands the issue over to the states to decide individually.

This is a dark day in American judicial history.

The SCOTUS has struck down the landmark 1973 Roe v. Wade ruling that declared women had a right under the Constitution to terminate a pregnancy. Previous court rulings had upheld that right.

No longer. The Supreme Court, with its super-conservative majority, has acted in a fashion that used to be anathema to judicial and political conservatives. It has exercised extreme judicial activism in tossing aside what had been considered “settled law.”

Didn’t conservatives once frown on such activism? Didn’t they excoriate progressive judges for crossing that line?

Roughly half the states already have laws on the books that will now take effect. They will make abortion illegal. In Texas, for example, doctors can be charged with felony crimes and sentenced to decades in prison if they perform an abortion. Texas even allows its residents to reap bounties if they tattle on their neighbors who they know have obtained an abortion.

It might not stop with just criminalizing abortion. There well might efforts to overturn other SCOTUS decisions legalizing gay marriage, which the court has ruled is protected under the Equal Protection clause in the 14th Amendment.

Does this hideous decision end abortion? Hardly. Women will continue to terminate their pregnancy, even if it puts them in serious — possibly mortal — danger.

The Supreme Court, moreover, has just furthered the cause of conservative judicial activism. Those on the right-wing fringe, therefore, can spare me the highly dubious argument that the court merely called “balls and strikes” from the bench.

Oh, no! It weighed in with a ruling that denies women a basic right that had been protected under settled law … and the U.S. Constitution.

johnkanelis_92@hotmail.com

SCOTUS misfires on this ruling

New York Gov. Kathy Hochul is understandably perplexed at today’s ruling handed down by the U.S. Supreme Court.

The court ruled — 6 to 3 — that New York’s limitation on concealed handgun carry laws was too restrictive. It said in a ruling written by Justice Clarence Thomas — that the state could not impose certain restrictions on concealed firearm regulations outside the home.

Hochul, who appeared visibly distressed by the court’s decision, wondered why the First Amendment has restrictions on “free speech,” by declaring “one cannot yell ‘fire!’ in a crowded theater,” but that the Second Amendment seems to have no restrictions … none at all, in the eyes of those who believe it is sacrosanct.

Yep, it’s just another demonstration that the gun lobby continues to win the arguments over matters related to the right of those to “keep and bear arms.”

Hochul said as well that when the founders approved the Second Amendment, the nation was armed “with muskets.” She said she would prefer to return to a musket-carrying society.

Me … too!

johnkanelis_92@hotmail.com

Resign, Justice Thomas!

I shall say this as many times as it takes to get my message across: Supreme Court Justice Clarence Thomas needs to resign from the nation’s highest court.

Why? Because his wife, Ginni Thomas, has committed egregious acts that compromise the justice’s ability to adjudicate matters fairly and impartially regarding The Big Lie fomented by Donald J. Trump.

Now we hear that Mrs. Thomas was in frequent email communication with Trump White House chief of staff Mark Meadows, expressing her disgust with the 2020 presidential election result, the one that Trump lost to Joseph Biden.

Are we now going to believe that Ginni Thomas didn’t tell her husband, the justice, of her deepest feelings about the election? And are we now going to believe that Ginni Thomas’s views have no impact on Justice Thomas’s votes favoring Trump in his losing battles to stay in power?

Good grief! Justice Thomas needs to resign from the court. Immediately!

johnkanelis_92@hotmail.com

Learning a little about the law

One of the many positive aspects of watching the House select committee hearings on the 1/6 insurrection has been the in-depth discussion of the law and how good lawyering and bad lawyering are in conflict over the conduct of the losing 2020 presidential candidate.

Donald Trump lost the election that year to Joe Biden. He incited the insurrection on 1/6. He got impeached for the second time by the House over that act. Trump continues to foment The Big Lie about the election, alleging widespread voter fraud that did not exist.

The networks that are covering the televised hearings — that’s about all of them — are walking viewers through the aspects of the law that are coming into play.

It fascinates me to no end. I will never pretend to learn enough about the legalities of Trump’s ill-conceived effort to undermine the electoral process to argue the legal facts.

Still, the arguments being made by the commentators are educational to me. I long have said there are many things I don’t know. The legal intricacies of a former POTUS seeking to undermine our democratic process is one of them.

They are coming into sharper focus every day.

johnkanelis_92@hotmail.com

My mind is made up

I don’t want the House hearings to end just yet; I want to hear more from the witnesses summoned by the select 1/6 committee.

This much seems clear to me: My mind is made up. It is settled in my own noggin that Donald J. Trump deserves to be prosecuted for seditious conspiracy, as he plotted to block the “peaceful transition” from his administration to the Joe Biden administration after the 2020 presidential election.

Truth be told, I really don’t need to hear any more from the witnesses. However, I want to hear more.

I must have some sort of political bloodlust coming into play. Well, I don’t care. I have the luxury of passing judgment without hearing all the facts, unlike Attorney General Merrick Garland and his team of prosecutors who are listening to every word during the hearings.

Do I believe AG Garland will do as I wish? I am not going to predict what Garland will do. I know, though, that were I in charge of the Justice Department, I would be drafting criminal complaints to deliver to a grand jury. I then would be preparing my arguments to grand jurors, seeking to persuade them to issue a “true bill” that means an indictment would come forth.

Let’s await the end of this televised portion of the hearings.

I will pray for discernment and wisdom from the Attorney General Garland and hope that it leads him to do what I hope he will do: Indict and then prosecute fully the former president of the United States for seeking inciting an insurrection against the government he swore he would “protect and defend.”

johnkanelis_92@hotmail.com

Let’s not get ahead of ourselves

I am beginning to wish that members of the House 1/6 select committee would stop speculating out loud about the “evidence” they say all but guarantees that Donald Trump will be indicted for seeking to overturn the results of the 2020 election.

You see, these folks are getting my hopes fired up.

Reps. Liz Cheney, a Republican, and Adam Schiff, a Democrat, are saying the same thing: the panel has enough evidence to recommend that the Justice Department indict Trump for inciting the insurrection on 1/6.

Then we hear from a former White House lawyer suggesting that Fulton County (Ga.) prosecutors are close to getting an indictment against Trump charging him with coercing Georgia election officials into “finding” enough votes to swing the state’s electoral result from Joe Biden to Trump.

Again … my heart gets to fluttering when I hear such things.

Oh, how I do not want to be let down.

johnkanelis_92@hotmail.com