I’ve recently received a flyer in the mail (attached) that says, “Reproductive Rights are on the Ballot,” but I can’t identify where, on my sample ballot (also attached), there’s any mention of “Reproductive Rights.” Is anyone able to assist me?
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More importantly, however, the flyer also promises me that “As your Executive Councilor, I [Ms. Kelly] will only be confirming judges who … will restore funding to Planned Parenthood.”
Will Ms. Kelly be asking all New Hampshire judicial nominees during all future confirmation hearings if they will “restore funding to Planned Parenthood?”
As a modest proposal, concerning equitable relief for our children, I certainly hope Ms. Kelly keeps her promise!! I’d anticipate it’s just “part of the three-point plan to fix everything” and that it would be … quite entertaining!
Nevertheless, I hope that other members of the Executive Council might ask some different questions to future New Hampshire judicial nominees concerning our fundamental constitutional liberties.
Will anyone on the Council also please ask nominees about protected free speech? See, e.g. McCullen v. Coakley, 134 S. Ct. 2518 (2014). Or what a judicial nominee thinks about “flipping the bird” in the courthouse, like former judge Julie Introcaso did, after her plea and sentencing hearing last year:
I mean, I “get” that “flipping the bird” is protected speech! And, sometimes, there’s a time and a place where that’s totally appropriate. Cruise-Gulyas v. Minard, 918 F. 3d 494 (6th Cir. 2019). But, I’d still like to know what any future judicial nominees think about that issue, and I think the Council should ask!
Also, I’d like to know what a judicial nominee thinks about the use of the F-word in open court. That’s protected speech also, at least when a citizen does it. Cohen v. California, 403 U.S. 15 (1971). Cf. Judicial Conduct Committee Complaint JC-21-072-C, also attached.
Pursuant to Cohen, will a judicial nominee respect protected speech on jackets worn inside New Hampshire court facilities?
Or, for that matter, protected speech outside New Hampshire court facilities that simply quotes our very own New Hampshire State Constitution (i.e. Article 10)?
Regardless, at the end of the day, will a New Hampshire judicial nominee follow the United States Supreme Court precedent?
See Dobbs v. Jackson Women’s Health Organization, No. 19-1392, 597 U.S. ___ (2022). If a prior judicial decision in New Hampshire was “egregiously wrong from the start,” (Id.) an “abuse of judicial authority,” (Id.) “deeply damaging,” (Id.) and based on “nothing but ‘raw judicial power,'” (Id.) will some new judicial nominee be willing to correct the damage previously done by the New Hampshire Judicial Branch?
Because, contrary to the opinion of the NHJB, my children are not “a bunch of morons,” and they deserve that.
Or, instead, will a judicial nominee hide behind res judicata, collateral estoppel, and even sua sponte, appear to make every effort to have some different state clean up those messes that New Hampshire created?
Thank you for your consideration.
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