Tag Archives: SCOTUS

State news

George P. might run for AG? Yes!

(AP Photo/LM Otero)

By JOHN KANELIS / johnkanelis_92@hotmail.com

Texas Land Commissioner George P. Bush says the state’s attorney general must be “approve reproach.”

So … with that the nephew and grandson of two presidents has declared for all the world that he is giving serious thought to running to become the state’s next top legal eagle.

I cannot attest to the kind of lawyer George P. Bush has been over the years. However, I believe I can speak to the seriously damaged reputation of the current AG, Ken Paxton, who is facing a pending criminal trial in state court on allegations of securities fraud and is under investigation by the FBI over a whistleblower complaint brought by several of his former top legal assistants.

Bush is the son of former Florida Gov. Jeb Bush, the grandson of the late President George H.W. Bush and nephew of former President George W. Bush.

I saw P. once in person at the 1992 GOP presidential nominating convention in Houston when, as a teenager, he brought the house down with his exhortation of “viva Boosh!” while speaking on behalf of his “Gampy,” the 41st president of the United States. It was Bush 41, you’ll recall, who famously referred to Jeb’s children as “the little brown ones,” given that their mother, Columba, is of Mexican descent.

George P. Bush says he may primary Texas Attorney General Ken Paxton | The Texas Tribune

Paxton needs to quit. I’ve said so already on this blog. The securities fraud allegation — resulting in a Collin County grand jury indictment — is bad enough. Then came the resignations and firing of several key Paxton legal assistants who blew the whistle on their boss, alleging that he is partaking in illegal activities while serving as AG; one of the allegations involves bribery, for God’s sake!

I have been frustrated beyond belief that Texans actually saw fit to re-elect Paxton, who was indicted for securities fraud in his first term as AG. Then, perhaps emboldened by his re-election in 2018, Paxton decides to sue several states where voters cast most of their ballots for Joe Biden in the 2020 presidential election. The Supreme Court tossed Paxton’s lawsuit aside, saying the Texas AG didn’t have jurisdiction in telling another state how to conduct its election.

Put another way, the highest court in the land told Paxton to butt the hell out!

I am, therefore, going to applaud the notion that George P. Bush wants to challenge Paxton in the 2022 Republican Party primary for Texas attorney general. I have had enough of Paxton’s dirtiness in an office that demands its occupant be above reproach.

legal news

Let’s try this type of ‘diversity’

By JOHN KANELIS / johnkanelis_92@hotmail.com

Donald Trump was fond of reminding us that “elections have consequences.” Of course, he was right. They do and those consequences often present themselves in the form of judicial nominations.

Joseph Biden also knows that truism and he demonstrated just how consequential his election as president might become for the nation’s judicial system. President Biden rolled out his first list of court nominees and they are a truly diverse bunch.

Biden’s nominees include plenty of women, African-Americans, Asian-Americans, a Muslim, a smattering of men, as well as Anglos of both genders.

Already, one of those nominees, Judge Ketanji Brown Jackson, is being discussed as a possible nominee to the U.S. Supreme Court in the event a vacancy occurs. Justice Stephen Breyer, appointed to the court in 1997 by President Clinton, is thought to be considering retirement once the court’s term expires later this year.

Biden has pledged to name an African-American woman to the nation’s highest court. Given that he made a similar promise when he named a vice presidential nominee, I am going to take him at his word that he will do what he promised. Judge Jackson fits the description.

However, I want to offer this suggestion for a way to diversify the SCOTUS: Find someone who didn’t earn a law degree from either Harvard or Yale University.

All but one of the justices on the court received their legal degree at one of those schools. Hmm. It makes me wonder whether the rest of the nation’s legal institutions are worth a damn. Well, of course they are! Which is why I would hope President Biden could cast his Supreme Court nomination wide, far beyond those Ivy League enclaves. Judge Brown is a Harvard Law grad. The only non-Ivy Leaguer on the high court is its newest justice, Amy Coney Barrett, who earned her law degree at Notre Dame.

Biden releases first wave of judicial nominees – POLITICO

I once made a similar request of Texas Gov. Rick Perry, who was considering an appointment to the Texas Supreme Court. It dawned on me years ago that the Texas high court comprised justices who resided strictly between Interstates 35 and 45. I implored Gov. Perry to look for someone beyond that corridor. As it turned out, a highly qualified appellate judge from Amarillo, Phil Johnson, applied for that vacancy.

What do ya know? Perry appointed Johnson to serve on the court. Either he heard my plea which I made on the editorial page of the Amarillo Globe-News, or he listened to the advice of aides who had been strong-armed by legal eagles in West Texas to select someone from our part of the state.

Whatever. I think President Biden could rethink how he wants to apply diversification to the nation’s legal network by looking for a Supreme Court justice who didn’t earn his or her law degree in the hallowed halls of the Ivy League.

Uncategorized

Garland: an impressive presence

By JOHN KANELIS / johnkanelis_92@hotmail.com

Surely I am not the only red-blooded American patriot who watched U.S. Attorney General-designate Merrick Garland’s testimony before the Senate Judiciary Committee to have this thought.

It was that he would make a terrific U.S. Supreme Court justice.

Oh, but wait … he could’ve gotten there had the Republican majority in the U.S. Senate not blocked his confirmation in 2016 after President Barack Obama nominated him to succeed the late Justice Antonin Scalia.

Oh well. Garland will make a stellar AG by employing the same temperament that would have served him well as a SCOTUS justice.

Uncategorized

Let go of ‘Big Lie’

By JOHN KANELIS / johnkanelis_92@hotmail.com

Donald John Trump just cannot — or will not — let go of the Big Lie.

The U.S. Supreme Court today struck down his attempt to shield eight years worth of tax returns from Manhattan, N.Y., prosecutors who are examining whether he committed campaign finance crimes.

It means that they are now entitled to subpoena those  returns to pore through them in search of potential evidence.

Trump said: “I will fight on, just as I have, for the last five years (even before I was successfully elected), despite all of the election crimes that were committed against me. We will win!”

Election crimes? Are you serious … Donald?

Once more with all due hostility: There were no “election crimes” committed against Trump in the 2020 election. There was no “widespread vote fraud,” no “illegal ballots cast,” nothing that would swing the result.

He is living the Big Lie and is fomenting it among the wild-eyed fanatics who continue to support the former Liar in Chief.

Uncategorized

SCOTUS clears way for probe of ex-POTUS

By JOHN KANELIS / johnkanelis_92@hotmail.com

Let’s admit it: We are a nation of Nosey Neds and Noras. A lot of us  want to know all we can know about the individuals elected to govern us.

Such as their financial condition. It’s only right … right? Yes.

So it is that the U.S. Supreme Court has cleared the way for the Manhattan prosecutors to subpoena the tax records of a former president of the United States, Donald John Trump, to determine whether he broke any laws.

This is huge deal. I am among those who wants to know more about the former president’s financial dealings.

I want to know if he is as rich as he kept bragging he was; whether he manipulated property valuations to obtain financial favors; whether he broke campaign finance laws when he paid the porn star $130,000 to keep quiet about a sexual encounter — that he says never happened; and whether he has given any money to charity.

Supreme Court refuses Trump effort to block tax return subpoena (msn.com)

This is relevant especially for those who supported Trump during his two bids for the presidency, the second of which he lost bigly to President Biden.

The court didn’t specify any particulars in its decision, nor did any of the justices issue any public dissents from the court ruling.

Yes, I know that Trump is now a private citizen. That doesn’t matter in this instance. He has been all over the pea patch on this tax return matter. He said he would release them, then he back off that promise, then he said he would do so again, then he blocked efforts to reveal them to the public.

He has lied incessantly for as long as he has been a politician … and likely long before that period in his life.

Let’s see the returns. Those of us with inquiring minds want to know the truth — finally.

Uncategorized

Confirm a new AG, now!

By JOHN KANELIS / johnkanelis_92@hotmail.com

Hey, this message goes to U.S. Senate Judiciary Committee Chairman Richard Durbin.

We have a distinguished legal genius waiting to be confirmed as U.S. attorney general. Merrick Garland got the nod from President Biden to lead the Justice Department. The former chairman of the Judiciary panel, Republican Lindsey Graham, decided — no surprise there! — to drag his feet on a confirmation hearing.

Well, Graham has surrendered the gavel to the Democrat Durbin.

We’ve got some judicial/legal matters that need a full DOJ complement of officials on board. That begins with the attorney general.

The hate crimes being committed against Asian-Americans comes to mind right away. Donald Trump seemed to take great glee in referring to the pandemic as the “China virus” and called it the “kung flu.” One consequence of that has been a rash of crimes committed against Asian-Americans.

Garland vows to take aim at hate crimes of all types.

He needs to be installed as attorney general. This man, nominated by former President Obama to the Supreme Court after Justice Antonin Scalia’s death in early 2016, was denied a hearing by the Senate; so he went back to work as a judge on the D.C. circuit court.

Now he’s agreed to become attorney general. The task now rests with the Senate to confirm him.

Get busy, Chairman Durbin.

media news, State news

Paxton: the real Bum Steer of the Year

By JOHN KANELIS / johnkanelis_92@hotmail.com

My favorite issue each year of Texas Monthly arrived in the mail today and I saw something on the cover that made me wince in disappointment.

TM named the Texas Democratic Party as its Bum Steer of the Year in its annual Bum Steer edition that comes out at the end of every calendar year. The magazine has hit many home runs with its Bum Steer “honor,” and it also has whiffed. I fear that the magazine’s publishing deadline created a missed opportunity.

Yes, the Democratic Party missed its “blue wave” prediction, claiming it would sweep into elective power in the Nov. 3 election. It sure missed … by a Texas mile.

Something happened, though, between the magazine’s deadline and its production that to my mind provided an even more egregious Bum Steer for the magazine to consider.

That would be Texas Attorney General Ken Paxton’s moronic lawsuit that sought the U.S. Supreme Court to overturn the election results in four states that voted for Joe Biden over Donald Trump. SCOTUS tossed the lawsuit in a fit of judicial wisdom many of us didn’t quite expect from a court that comprises three justices nominated by Donald Trump. Sanity prevailed.

However, Paxton’s lawsuit brought a significant level of scorn to Texas. The AG couldn’t dictate how other states conduct their electoral affairs, the court ruled. Indeed, many critics have wondered whether Paxton — a dedicated Republican — has a screw loose.

He did all that while the FBI is investigating whether he committed crimes while serving as AG, which brings many of us to wonder whether Paxton is angling for a presidential pardon for any crimes that the FBI might uncover. A pardon from Trump, I hasten to add, wouldn’t involve the state trial that awaits Paxton on allegations of securities fraud. The guy’s a serious peach, you know?

I am well aware that Paxton dodged a bit of a freight train simply by virtue of the deadline that TM faced when it was assembling its Bum Steer issue. I also know that he likely won’t get the magazine’s Bum Steer of the Year “honor” at the end of 2021. Too bad.

Still, I want to bestow my own version of a venerable award to a politician who — with his idiotic effort to subvert the democratic process — has brought shame and ridicule to our great state.

Thanks for not a damn thing, Mr. AG.

national news

Census should count ‘residents,’ not just ‘citizens’

By JOHN KANELIS / johnkanelis_92@hotmail.com

I concede that I am not a constitutional scholar, but I recognize clear and definitive language contained within the U.S. Constitution when I see it.

For example, the Constitution declares that the census should be taken every 10 years and must count all those who live this country. It doesn’t say “citizens.”

So, the U.S. Supreme Court has decided that a challenge to a Donald Trump administration effort to limit the census count to just citizens doesn’t have merit. Hmm. The court ruling doesn’t make sense to me.

The court ruled 6-3 — with the conservative majority holding firm — that the complaint was “premature.” The decision by the SCOTUS doesn’t preclude any future challenges, just stops this one at this time.

The court’s conservative majority comprises justices I presume to be “originalists,” meaning that they take the founders’ words as written literally. The founders were clear on who should be counted. That’s why they said the census should include all “residents.”

What does this mean? It means that if the Trump exclusion holds up, states — such as Texas, which is home to many thousands of residents who aren’t U.S. citizens — can be denied the congressional representation they deserve. In addition to counting all U.S. residents, we’re going to reapportion the House of Representatives alignment; Texas stands to gain as many as three more House members because of our state’s population growth since 2010.

As ABC News has reported:

Immigrant advocates who sued Trump over the policy stressed that the Court’s move does not mean the fight is over.

“This ruling does not authorize President Trump’s goal of excluding undocumented immigrants from the Census count used to apportion the House of Representatives,” said ACLU attorney Dale Ho. “The legal mandate is clear — every single person counts in the Census, and every single person is represented in Congress. If this policy is ever actually implemented, we’ll be right back in court challenging it.”

Yes, this ruling does involve undocumented immigrants. Indeed, that is the crux of the conservative argument in support  of the Trump exclusion. Let’s not forget to include the so-called “Dreamers” who were brought here as young children by their parents who entered the nation illegally. Those folks once again are being punished unfairly because of something they could not control.

The Supreme Court has punted on this issue for now. My hope would be that judicial conservatives stick to the principle that they believe the founders had it right when they inscribed the method for counting every person who lives in this country.

national news

These lawmakers need to be sanctioned

By JOHN KANELIS / johnkanelis_92@hotmail.com

This isn’t likely to happen, but it damn near should happen.

The 126 Republicans who joined a hideous lawsuit that sought to throw out the votes of millions of Americans in this year’s presidential election should be sanctioned.

A censure? Impeachment? A public scolding?

They signed a legal brief that joined a suit filed by Texas Attorney General Ken Paxton who said the votes in four states that went for Joe Biden were cast illegally. He said the states changed their election rules in violation of the Constitution.

Paxton, a Republican (of course!) got 16 other state attorneys general to join the suit. Then came the brief signed by the members of Congress. Twelve of them are from Texas.

Congressional Democrats quite naturally are outraged that these individuals would seek to subvert the Constitution. That they would seek to undermine the electoral process. That they would deliberately and with malice seek to violate their oaths of office.

The Supreme Court threw out Paxton’s lawsuit. It was silent on the action of the members of Congress who agreed with the embattled AG’s complaint. I understand SCOTUS’s silence on that matter.

However, many of us out here in Flyover Country won’t remain silent. I certainly won’t.

These individuals — including the House’s top two leading GOP members, minority leader Kevin McCarthy and minority whip Steve Scalise — have richly earned whatever sanction that is available to the congressional leadership that can punish them.

They no longer represent the Republican Party. They are now members of the Donald Trump Party, even though they took an oath to defend the nation … not suck up to a president.

They sicken me.

legal news

GOP favors ‘judicial activism’?

2 Comments

By JOHN KANELIS / johnkanelis_92@hotmail.com

There once was a time in this country when Republicans berated progressives/liberals for favoring what they referred to derisively  as “judicial activism.”

The GOP hated the notion of the courts rewriting laws, or “legislating from the bench.” Well, what in the name of juris prudence have we seen now in the wake of a U.S. Supreme Court dismissal of a lawsuit brought to it by the Texas attorney general? We’re seeing and hearing Republicans blasting the court for, um, following the Constitution.

What the hell?

Texas AG Ken Paxton wanted the SCOTUS to order millions of votes cast in states that supported Joe Biden’s election as president tossed out. He was joined by 16 GOP state attorneys general; then we had more than 120 GOP members of Congress sign on to Paxton’s lunacy. They all wanted the high court to — yep, that’s right — take a judicially activist stance.

Up is now down. Right is wrong. Left is right and vice versa. Nothing makes sense. Not a damn thing!

This madness is being orchestrated by Donald Trump, the so-called Republican president who is masterminding this revolt against the democratic process. He lost an election and won’t accept the will of the American voters.

Traditional Republican politicians, if there are any of them left in public office, should be aghast, appalled and astounded at what has become of traditional Republican policy.