Category Archives: legal news

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

Oh, the irony of racism

Don’t you just marvel at the irony that presents itself at times as we seek to understand our nation’s history?

This particular message showed up on my Facebook feed. It illustrates what happened to a girl named Ruby Bridges, an African American student who sought to enroll in a Louisiana school many decades ago.

She was pelted with rocks, insults and epithets from those who said she didn’t belong in the same classroom with white kids.

Now we have a movement in this country that seeks to keep that historical fact from being taught to today’s youngsters. They fear it would breed “hatred” of their country. Well … no, it wouldn’t. It would seek to connect all the facets of our past and link them to our present day.

What is so wrong with that? Someone will have to explain to me why — as the text notes in the photo — why Grandma and Grandpa want to prevent their grandkids from learning all aspects of this great nation’s history.

Every single great civilization has its blemishes, its dark chapters. We need to pass them on to our children to help them understand fully the path we have taken.

johnkanelis_92@hotmail.com

DOJ getting serious? Well …

The U.S. Justice Department has asked the 1/6 House select committee for transcripts. Lots of transcripts. They are taken from testimony collected by the panel in the search for the truth behind the insurrection and the riot that sought to undercut a free, fair and legal presidential election.

I can hear the progressives jumping for joy even from out here in Flyover Country. Fine. Let ’em jump.

Attorney General Merrick Garland has said time and again that he wouldn’t be bullied, coerced, pushed and prodded into acting prematurely in his search for the truth behind what Donald Trump knew on 1/6 and what he did or didn’t do to stop the rioters.

I am taking the AG at his word, which I consider to be quite honorable.

He also has pledged to follow the law “wherever it leads.” That means if he finds enough to recommend an indictment of the former POTUS, then that’s what he’ll do.

Let’s first try to get our arms around what Garland is trying to do. He is trying to gather information to help him determine what to do with it all. If there’s enough to indict Donald Trump, he’ll proceed. If there isn’t enough to do so, well, he’ll proceed down that particular path.

The progressive wing of the Democratic Party keeps yapping that Garland is moving too slowly. I wish they would keep their traps shut and let the man take care of business in the way that will guarantee a thorough outcome.

I trust the attorney general implicitly to conduct his investigation with due diligence and professionalism. That he is seeking transcripts from the 1/6 committee tells me the AG might be getting closer to making a key decision on the future of the 45th president of the United States.

My hope is that the future forestalls any effort for the ex-POTUS to seek public office ever again. Then again, I am not the individual in charge of making that call. I’ll leave it that matter to Attorney General Merrick Garland.

johnkanelis_92@hotmail.com

GOP embraces judicial activism

Republicans have done what I once thought was virtually impossible, that they would embrace a policy of judicial activism, that they would welcome judges who would, as they used to say, “legislate from the bench.”

We are witnessing — possibly — a case of judicial activism play out as the Supreme Court nears a decision on whether to toss aside what most of the court’s justice have called “settled law.” That would be the Roe v. Wade ruling handed down in 1973 that makes abortion legal in the United States.

Do you see it happening? Of course you do! The whole world is now aware of a draft opinion that suggests that Roe v. Wade isn’t long for this world. If the court follows through on what the draft suggests and tosses Roe into the crapper, then we are going to witness a first-rate case of judicial activism run amok.

The Supreme Court has upheld Roe many times since it became “settled law.” The current court, with its 6-3 super conservative majority, could change all of that.

Let us never forget what Donald Trump pledged when he was elected president in 2016. He said he would “appoint judges who will overturn Roe v. Wade.” In the case of the SCOTUS, he delivered on his promise. Justices Neil Gorsuch, Jeff Kavanaugh and Amy Coney Barrett all must have given Trump some assurance they would follow his lead if he nominated them to the court.

Maureen Dowd: There is just too much church in the state (irishtimes.com)

Didn’t presidents usually refrain from applying these so-called “litmus tests” when looking for federal judges? Imagine the outcry from the right had a president vowed to appoint judges who were avidly pro-choice on abortion.

I guess it’s OK these days to declare your intent and to ensure that judicial candidates would in fact pre-judge cases before hearing the merits.

I won’t ring the death knell for a woman to control her body just yet. Still, I am left to wonder what in the world happened to a political party that once thought that judges shouldn’t “legislate from the bench.” Oh, I know what happened. That party was hijacked and turned into something none of us recognizes.

johnkanelis_92@hotmail.com