Michael Stephen Kanne Explained

Office:Judge of the United States Court of Appeals for the Seventh Circuit
Term Start:May 20, 1987
Term End:June 16, 2022
Appointer:Ronald Reagan
Predecessor:Jesse E. Eschbach
Successor:Joshua P. Kolar
Office1:Judge of the United States District Court for the Northern District of Indiana
Term Start1:February 9, 1982
Term End1:May 21, 1987
Appointer1:Ronald Reagan
Predecessor1:Phil McClellan McNagny Jr.
Successor1:Rodolfo Lozano
Birth Date:21 December 1938
Birth Place:Rensselaer, Indiana, U.S.
Death Place:Rensselaer, Indiana, U.S.
Spouse:Judith Kanne
Children:2
Education:Indiana University Bloomington (BS)
Indiana University Maurer School of Law (JD)

Michael Stephen Kanne (December 21, 1938 – June 16, 2022) was a United States circuit judge of the United States Court of Appeals for the Seventh Circuit and a former United States District Judge of the United States District Court for the Northern District of Indiana.

Education and career

Born in Rensselaer, Indiana, Kanne received a Bachelor of Science degree from Indiana University Bloomington in 1962.[1] He served as a lieutenant in the United States Air Force from 1962 to 1965.[2] He then received a Juris Doctor from Indiana University Maurer School of Law in 1968.[3]

He was in private practice in Rensselaer, Indiana from 1968 to 1972, working as a city attorney for the City of Rensselaer in 1972.[4] He was a judge on the 30th Judicial Circuit of Indiana[5] from 1972 to 1982, and was a lecturer at St. Joseph's College from 1976 to 1989, and at St. Francis College in Fort Wayne, Indiana, from 1990 to 1991.[6]

Federal judicial service

On December 4, 1981, Kanne was nominated by President Ronald Reagan to a seat on the United States District Court for the Northern District of Indiana vacated by Judge Phil McClellan McNagny Jr.[7] Kanne was confirmed by the United States Senate on February 8, 1982, and received his commission on February 9, 1982.[6] During a prosecution of the New Chicago Chief of Police in Kanne's court, he quipped that New Chicago is the "most corrupt square mile in America."[8] His service terminated on May 21, 1987, due to elevation to the court of appeals.[6]

On February 2, 1987, Reagan nominated Kanne to a seat on the United States Court of Appeals for the Seventh Circuit vacated by Judge Jesse E. Eschbach.[9] Kanne was confirmed by the United States Senate on May 19, 1987,[10] and received his commission on May 20, 1987.[6] On June 7, 2017, Representative Louie Gohmert (Texas Dist. 1) noted Kanne's conservative judicial philosophy, stating that: "There are only two reliable originalists on the court, Michael Kanne and Diane S. Sykes."[11]

In February 2018, Kanne announced his intention to assume senior status upon the confirmation of a successor, provided that said successor would be one of his former law clerks, Indiana Solicitor General Tom Fisher. However, President Donald Trump ultimately declined to nominate Fisher following internal opposition from Vice President Mike Pence; as a result, Kanne rescinded his decision to assume senior status in May 2018, instead opting to remain as an active judge.[12] [13]

Kanne remained in active service until his death on June 16, 2022.[6] [14] His seat on the 7th Circuit Court of Appeals remained vacant until January 30, 2024, when Joshua P. Kolar was confirmed as his successor.[15]

Notable cases

In December 2017, Kanne supported the 4–3 en banc decision to reverse an earlier federal magistrate judgement that a confession had been unlawfully coerced from 16-year-old Brendan Dassey. The dissenting opinion described this decision as 'a travesty of justice'.

On August 27, 2019, Kanne dissented when David F. Hamilton and Ilana Rovner blocked a parental notification requirement for abortions in Indiana.[16] The 7th circuit denied rehearing 6–5 on November 1, 2019, with Kanne dissenting again, joined by Joel Flaum, Amy Coney Barrett, Michael B. Brennan, and Michael Y. Scudder. Frank Easterbrook wrote a concurrence calling on the Supreme Court to take up the case.[17]

See also

External links

Notes and References

  1. Web site: Honoree: Michael S. Kanne, Maurer School of Law Academy of Law Alumni Fellows. Indiana University Mauer School of Law. June 28, 2017. 1999.
  2. News: Van Vuren. Zachary. Veterans honored. June 29, 2017. Kankakee Valley Post News. Community Media Group LLC. November 16, 2011. Kanne, a Rensselaer native, served in active duty for the Air Force from 1962 to 1965..
  3. Notable Alumni: Michael Stephen Kanne. Notable Alumni. January 1938. Indiana University Mauer School of Law. June 28, 2017.
  4. News: Shelhart. Cheri. Judges visit Government classes. June 29, 2017. Kankakee Valley Post News. Community Media Group LLC. May 29, 2015. Kanne is a resident of Rensselaer..
  5. Web site: Judicial Circuits of Indiana. Indiana State Courts. June 28, 2017.
  6. Web site: Kanne, Michael Stephen profile: Federal Judicial Center. fjc.gov. December 27, 2017.
  7. Book: Bodenhamer. David J.. Shepard. Randall T.. History of Indiana Law. 2006. Ohio University Press. Columbus, OH. 0821416375. 323, fn 79. June 28, 2017.
  8. News: James. Rich. Ethics is learned skill, not common sense. June 28, 2017. The Times (Munster, IN). NWI Times. August 21, 2013.
  9. News: Tybor. Joseph R.. Reagan Picks Indiana Judge For Appeals Seat. June 28, 2017. Chicago Tribune. January 31, 1987.
  10. News: Kanne Confirmed For U.S. Appellate Court. June 28, 2017. Chicago Tribune. May 21, 1987.
  11. Gohmert. Louie. Issues of the Day. Congressional Record, 115th Congress, 1st Session. June 7, 2017. 163. 97. H4693–H4698.
  12. 1014158793578565632. ZoeTillman. Some news: In February, the judiciary put 7th Circuit Judge Michael Kanne on its list of upcoming vacancies, with his senior status date as "TBD." Turns out he rescinded his decision to take senior status in May — I spoke with the judge today, and here's what he said:.
  13. Web site: Johnson . Eliana . July 12, 2019 . Why Pence spiked a Trump judge . . May 15, 2021.
  14. Web site: Circuit Judge Kanne Announcement. U.S. Court of Appeals for the 7th Circuit. June 17, 2022.
  15. Web site: U.S. Senate confirms 40th appellate judge under Biden. Reuters. January 30, 2024.
  16. Web site: Indiana Abortion Notice Injunction Upheld by Divided 7th Cir.
  17. Web site: Full appeals court won't rehear Indiana abortion law case. . November 2019.