Category Archives: legal news

Where do we go post-Roe?

Abortion isn’t an issue that occupies much of my conscious thought, but occasionally I do wonder about the future of a woman’s world if (and likely when) the U.S. Supreme Court finds a way to overturn Roe vs. Wade, the landmark ruling that made abortion legal in this country.

The court will issue a ruling before the end of its current term that appears — by all that I heard and read so far — spell the end of Roe as we have known it since the court issued its ruling in January 1973.

The SCOTUS declared that the U.S. Constitution gave women the right to govern their bodies. That they had the right under the Constitution to terminate a pregnancy. Anti-abortion activists have been fighting like crazy ever since to overturn the ruling.

They now appear to have enough of a majority on the high court to end it. States, such as Texas, have taken it on their own to seriously restrict women’s right to obtain an abortion. Texas has made it illegal for a woman to end a pregnancy at the six-week mark … before many women even know they are pregnant. Now comes Oklahoma, our northern neighbor, to make it a crime for someone to obtain an abortion.

Think of the irony here. Conservatives who used to bristle at what they determined to be “too much government interference” now embrace the notion of government interfering with women’s most painful decision.

I believe it was President Bill Clinton who once said his intent was to make abortion “legal but rare.” I share that goal.

As for the future of abortion, I just need to reiterate a point I long have made. I cannot advise a woman to obtain an abortion. Why? That isn’t my call. Nor is it the call of any legislator, or member of Congress, or president or judge. It belongs to the woman most intimately affected.

That is where the decision should remain.

johnkanelis_92@hotmail.com

Call her ‘justice-designate’

Ketanji Brown Jackson now can be called a U.S. Supreme Court associate justice-designate, given that the Senate has confirmed her nomination to the nation’s highest court in a 53-47 bipartisan vote.

This is a stellar day in the history of this great country, with Justice-designate Jackson becoming the first Black woman to serve on the Supreme Court.

Her confirmation was a foregone conclusion, with three Republican senators — Lisa Murkowski of Alaska, Mitt Romney of Utah and Susan Collins of Maine — joining their Democratic colleagues in sending the newest justice to the court, where she will take her seat when its new term begins in October.

President Biden made a double-sided pledge during the 2020 presidential campaign: that he would nominate an African American woman to the court if he got the chance and that the nominee would be a supremely qualified jurist.

The president delivered the goods on both counts.

President Biden has earned applause for delivering on this key campaign promise. And the newest justice — who will succeed Justice Stephen Breyer — has earned the nation’s good wishes as she prepares for the job of a lifetime.

johnkanelis_92@hotmail.com

Tom Cotton: demagogue

Tom Cotton this week did the seemingly impossible. He spoke in terms that would embarrass even the most shameful demagogues.

The Arkansas Republican U.S. senator actually said out loud in a Senate floor speech that Judge Ketanji Brown Jackson — a former public defender who is about to be confirmed to a seat on the Supreme Court — would rise to the defense of Nazi war criminals and would want them released rather than being held accountable for their crimes against humanity.

Wow! I am not sure how to respond to that bit of character assassination other than to say that Tom Cotton has provided a shameful example of the depths to which he and other demagogues will stoop to score cheap political points with the far-right-wing base of a once-great political party.

I thought Cotton’s behavior during the Senate Judiciary Committee’s confirmation hearing of Judge Jackson’s nomination was loathsome enough. Silly me. He outdid himself by offering that despicable example of demagoguery.

johnkanelis_92@hotmail.com

AG faces immense pressure

Merrick Garland has put a brave face on an investigation he is conducting into the activities of the 45th president of the United States. I get that the U.S. attorney general doesn’t want to give away his game plan, but I want to flesh out a couple of issues the AG is facing.

Garland is being pressured by congressional Democrats and some within the White House to hurry up his probe into what Donald Trump did and did not do during the 1/6 insurrection. He says he won’t buckle under the pressure. I hope he holds true to his pledge. However, is he able to withstand it?

Garland would set an astonishing precedent were he to seek to indict a former POTUS. It’s never happened in the history of this republic. Given the precedent-setting nature of such a proceeding, it seems only natural that the AG would want to ensure that he dots every “i” and crosses every “t” properly, that he leaves no doubt of the validity of an indictment, were he to seek it.

To be absolutely certain, indicting a former president would enrage the significant — but reportedly shrinking — base of voters who continue to cling to Donald Trump’s standing as the leading Republican in the nation.

AG Merrick Garland is every bit as human as anyone else. Thus, he feels the heat. Whether it will determine the course he follows remains one of the key questions of the moment. Indeed, Garland has pledged to “follow the law wherever it leads.” OK. I am on board with that.

The stakes of where this probe might take us all, though, requires that the attorney general get it right. Thus, the calls for a hurry-up job appear to be self-defeating … which could inflict possibly mortal wounds on our democratic process and the rule of law.

johnkanelis_92@hotmail.com

GOP exhibits astounding hypocrisy

As the nation prepares to hail the U.S. Senate confirmation of Judge Ketanji Brown Jackson to a spot on the U.S. Supreme Court, I want to call attention briefly to something that became so evident during her confirmation hearing before the Senate Judiciary Committee.

Republicans who oppose Judge Jackson’s nomination to the court have dredged up bits and snippets of decisions she has delivered and then accused her of not telling the whole truth about why she made those decisions.

Here is where the hypocrisy shows itself in all its ugliness. These same GOP senators voted twice for a man who during his single term as president told an estimated 36,000 lies, according to a survey done by the Washington Post. They voted twice for a serial liar in 2016 and again in 2020. The good news for the nation is that in 2020, most American voters cast ballots for Joe Biden, sending the former Liar in Chief out the door.

What will stick in my craw likely until the day they throw me into my grave will be the hypocrisy exhibited by the likes of Sens. Ted Cruz, Josh Hawley, Tom Cotton, Marsha Blackburn, Thom Tillis, Lindsey Graham and others as they concocted reasons to oppose an eminently qualified candidate for the nation’s highest court.

They should be ashamed. Except that they have no shame.

johnkanelis_92@hotmail.com

KBJ to make history

Forgive me for using the initials to describe the next associate justice to the U.S. Supreme Court. KBJ, of course, is the distinguished judge Ketanji Brown Jackson, who today stands poised to join the nation’s highest court as the first Black woman ever nominated for the post.

Judge Jackson will make history when the full Senate casts its vote to confirm her. Indeed, she received a needed boost toward a bipartisan confirmation when Republican Sens. Mitt Romney of Utah and Lisa Murkowski of Alaska joined GOP Sen. Susan Collins of Maine in announcing their support for Judge Jackson’s nomination.

With all 50 Senate Democrats set to hold firm, KBJ will be confirmed later this week.

This is a big deal, folks. Even some Republican senators noted the historical significance of President Biden’s nomination of Judge Jackson in announcing their intention to oppose her joining the SCOTUS.

Many Republican senators have noted Jackson’s stellar qualifications, her background, her temperament, her courage, her legal brilliance. They cannot support her, they said, because of her “judicial philosophy.”

Yeah … whatever.

Leave it to bomb-throwers like Ted Cruz of Texas, though, to say that Judge Jackson will become the most “far left” judge in Supreme Court history. I don’t take seriously anything that comes out of Cancun Ted’s pie hole these days. I mean, anyone who would abandon his constituents who are freezing to death by jetting off to Cancun — as Cruz did a year ago — only has earned Texans’ scorn.

Back to Judge Jackson’s pending confirmation …

This is a gigantic event. I applaud President Biden for keeping his 2020 campaign pledge by appointing a supremely qualified African American woman to the nation’s highest court. I applaud those senators who have supported her nomination. And I salute Judge Ketanji Brown Jackson for the service to the country she is about to deliver.

johnkanelis_92@hotmail.com

Don’t spend my money, Mr. AG

The hits just keep mounting for Texas Attorney General Ken Paxton. Not only is Paxton in a Republican Party runoff to keep his job, he is being pounded for spending taxpayer funds to pay for his legal defense against complaints over the way he conducts his office.

What a joke! Except that I ain’t laughing.

Paxton reportedly spent at least $43,000 in public money to pay for legal defense fees. The Texas State Bar filed complaints alleging misconduct over Paxton’s specious lawsuit seeking to overturn the 2020 presidential election result. Critics have noted that the Texas Constitution does not require AGs to be members of the State Bar and they contend it is inappropriate for taxpayers to foot the bill for a public official’s private law license.

There is that, as well as the pending state trial over allegations that Paxton committed securities fraud violations. He has been under felony indictment since 2015, the first year of his time as attorney general.

My own wish is that Paxton just resign. He is an embarrassment to the state.

Now comes the news that he is using public money — my money and your money — for private use.

Keep your grubby mitts off my dough, Mr. AG!

johnkanelis_92@hotmail.com

Blunt said this about KBJ?

Roy Blunt, the lame-duck Republican U.S. senator from Missouri, said some strange things about Judge Ketanji Brown Jackson today while being interviewed on ABC News.

Blunt said Jackson’s expected confirmation to the U.S. Supreme Court will be a “high point” in U.S. history; he said she is well qualified; that she has a good educational background; that it is past time for the SCOTUS to have an African American woman among its ranks; that she has a good legal mind.

Then he said he will vote “no” on her confirmation. Why? Because of her judicial philosophy.

Good grief!

It was a bizarre recitation that exhibited Blunt’s political cowardice as he prepares to retire from the Senate at the end of the year.

I cannot recall ever hearing someone say so many positive things about a political appointee before declaring he wouldn’t support that person to the seat to which she has been nominated.

Weird. Simply weird.

johnkanelis_92@hotmail.com

GOP senators sought Fox air time

Leave it to the senior Republican on the Senate Judiciary Committee to seemingly own up to the truth about his GOP colleagues’ questioning of Ketanji Brown Jackson during her confirmation hearing on her nomination to join the U.S. Supreme Court.

Ranking Republican Chuck Grassley of Iowa all but admitted to a constituent that the GOP line of questioning was intended mainly to put the senators’ faces and voices on the Fox News Channel.

Do you think, Sen. Grassley?

A woman on TikTok told Grassley that was her opinion, that Sens. Ted Cruz, Josh Hawley, Tom Cotton and Marsha Blackburn were seeking face time on Fox. “I don’t dispute that,” Grassley responded.

Well … what’s done is done. The senators got their wish.

However, many millions of Americans — such as yours truly — came away from the hearing thinking far better of Judge Jackson for the poise and stamina she exhibited and far less of the senators who exposed their ignorance and boorishness.

johnkanelis_92@hotmail.com

GOP concocts reasons to oppose SCOTUS pick

Dang, I hate to say “I told you so” … but I told you Senate Republicans were going to make up reasons to oppose the Supreme Court nomination of Judge Ketanji Brown Jackson.

The latest made-up reason comes from GOP U.S. Sen. Richard Burr of North Carolina, who said he opposes Judge Jackson because of her position on “court packing,” a move progressives favor to expand the Supreme Court from nine members to 13 or 15.

For the record, I don’t favor court-packing, either. So there. I have cleared the air on that matter.

Still, a Supreme Court justice has no say on the composition of the court. That matter is decided by Congress. Justices don’t vote on it. It’s a purely legislative matter. So, why does Sen. Burr oppose Judge Jackson ascending to the nation’s highest court? Beats the devil out of me, except that he’s a Republican senator and the man who nominated Jackson to the SCOTUS, President Biden, is a Democrat.

That’s it! Or so it seems!

Judge Jackson is “well qualified,” according to the American Bar Association, which also gave its highest rating to Justices Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch, all of whom received Burr’s endorsement. Oh, wait! A Republican president, a guy named Trump, nominated them.

The good news? Judge Jackson is a heavy favorite to be confirmed by the Senate.

The phony reasons for opposing her … be damned!

johnkanelis_92@hotmail.com