Michael Stephen Kanne

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.

Michael Stephen Kanne
Judge of the United States Court of Appeals for the Seventh Circuit
In office
May 20, 1987 – June 16, 2022
Appointed byRonald Reagan
Preceded byJesse E. Eschbach
Succeeded byvacant
Judge of the United States District Court for the Northern District of Indiana
In office
February 9, 1982 – May 21, 1987
Appointed byRonald Reagan
Preceded byPhil McClellan McNagny Jr.
Succeeded byRodolfo Lozano
Personal details
Born(1938-12-21)December 21, 1938
Rensselaer, Indiana, U.S.
DiedJune 16, 2022(2022-06-16) (aged 83)
Rensselaer, Indiana, U.S.
SpouseJudith Kanne
Children2
EducationIndiana University Bloomington (BS)
Indiana University Maurer School of Law (JD)

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]

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.[15] 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.[16]

See also

References
  1. "Honoree: Michael S. Kanne, Maurer School of Law Academy of Law Alumni Fellows". Indiana University Mauer School of Law. 1999. Retrieved June 28, 2017.
  2. Van Vuren, Zachary (November 16, 2011). "Veterans honored". Kankakee Valley Post News. Community Media Group LLC. Retrieved June 29, 2017. Kanne, a Rensselaer native, served in active duty for the Air Force from 1962 to 1965.
  3. "Notable Alumni: Michael Stephen Kanne". Notable Alumni. Indiana University Mauer School of Law. January 1938. Retrieved June 28, 2017.
  4. Shelhart, Cheri (May 29, 2015). "Judges visit Government classes". Kankakee Valley Post News. Community Media Group LLC. Retrieved June 29, 2017. Kanne is a resident of Rensselaer.
  5. "Judicial Circuits of Indiana". Indiana State Courts. Retrieved June 28, 2017.
  6. "Kanne, Michael Stephen profile: Federal Judicial Center". fjc.gov. Retrieved December 27, 2017.
  7. Bodenhamer, David J.; Shepard, Randall T. (2006). History of Indiana Law. Columbus, OH: Ohio University Press. p. 323, fn 79. ISBN 0821416375. Retrieved June 28, 2017.
  8. James, Rich (August 21, 2013). "Ethics is learned skill, not common sense". The Times (Munster, IN). NWI Times. Retrieved June 28, 2017.
  9. Tybor, Joseph R. (January 31, 1987). "Reagan Picks Indiana Judge For Appeals Seat". Chicago Tribune. Retrieved June 28, 2017.
  10. "Kanne Confirmed For U.S. Appellate Court". Chicago Tribune. May 21, 1987. Retrieved June 28, 2017.
  11. Gohmert, Louie (June 7, 2017). "Issues of the Day". Congressional Record, 115th Congress, 1st Session. 163 (97): H4693–H4698.
  12. @ZoeTillman (July 3, 2018). "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:" (Tweet) – via Twitter.
  13. Johnson, Eliana (July 12, 2019). "Why Pence spiked a Trump judge". POLITICO. Retrieved May 15, 2021.
  14. "Circuit Judge Kanne Announcement" (PDF). U.S. Court of Appeals for the 7th Circuit. June 17, 2022.
  15. "Indiana Abortion Notice Injunction Upheld by Divided 7th Cir".
  16. "Full appeals court won't rehear Indiana abortion law case". Associated Press. November 2019.
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