The Presidency of John Forbes Kerry

[Wakie]

Inspired by a previous question of "What If Kerry had won the 2004 election" I present to you my alternate timeline for the presidency of John Kerry.

I will state a few things beforehand.

1. I was a Kerry supporter so obviously that will color my perceptions.
2. Obviously a lot happens behind the scenes in a Presidency.  Since much of this goes unreported I cannot include it in this timeline.  Instead this represents the major headlines.
3. I'm sure there are "headlines" I missed.  I tried to be as detailed as possible.  Probably too detailed.

[Wakie]

NOVEMBER, 2004

Nov 2, 2004 - In one of the most closely contested elections in history John Kerry inches out George W Bush to win the Presidency.  The election hinged on the state of Ohio, and more specifically on the city of Cincinnati where a last minute "Get out the Vote" initiative by African American leaders delivers a significant swing for Kerry/Edwards.  Despite losing the popular vote, Kerry appears to have won.  The Bush camp though is slow to concede with Dick Cheney making a brief statement that they want to wait until all votes are counted, "especially those of our soldiers over seas".

As in 2000 there is much controversy surrounding this election.  In several states there are lawsuits and disputes about issues such as "voter challenging", voter registration, and absentee ballots.  Conservative talking heads rail against what they call an "illegitimate election".  The Liberal response is to charge Conservatives with hypocrisy.

Nov. 4, 2004 - George W Bush officially concedes defeat (over the objections of Karl Rove and others).  John Kerry begins to assemble his cabinet with the following positions:

State - Richard Holbrooke
Defense - Merrill McPeak
Attorney General - Dennis Archer
Homeland Security – Jane Harman
Veterans Affairs - Max Cleland
Interior - Tom Daschle
Health & Human Services - Jeanne Shaheen
HUD – Shirley Franklin (Atlanta City Council President Lisa Borders replaces her as mayor)
Education – Jim Hunt
Energy – John Breaux
Treasury – Roger Altman
Commerce – Alexis Herman
Labor – Harold Schaitberger
Transportation – Jane Garvey
Agriculture – Tom Vilsack

Chief of Staff – Mary Beth Cahill
National Security Adviser – Rand Beers

Nov 7, 2004 - US Forces launch major assault on Fallujah.

Nov 8, 2004 – In a special session the Massachusetts state legislature passes a bill to fill the now vacant Senate seat of John Kerry by special election to be held no later than 160 days from the current date.  Gov Mitt Romney threatens to veto the bill but quickly determines that he doesn’t have the support within the state legislature and allows it to pass into law.  The special election is scheduled for April 12, 2005.


Nov 9, 2004 – In Leocal v Ashcraft the Supreme Court holds that aliens may not be deported after being convicted of DUI if the DUI statute that defines the offense does not contain a mens rea element.

Nov 22, 2004 - Iran declares it will suspend its uranium enrichment program to comply w/ an EU-brokered deadline but that it will review its decision in three months.

[Wakie]

DECEMBER 2004

Dec 8, 2004 – In KP Permanent Make-UP v Lasting Impression the Supreme Court finds that consumer confusion may be invoked to defeat fair use.

Dec 17, 2004 - George Bush signs the Intelligence Reform and Terrorism Prevention Act, creating the office of the Director of National Intelligence.

Dec 21, 2004 – The ACLU releases copies of FBI internal memos they obtained under the Freedom of Information Act concerning alleged torture and abuse at Guantanamo Bay, in Afghanistan, and in Iraq.

Dec 26, 2004 - A massive tsunami hits Southeast Asia.  Thousands are killed and injured.  The world rushes aid.

[Wakie]

JANUARY 2005

Jan 6, 2005 - For the first time since 1877 the Electoral vote certification in Congress is interrupted by a formal challenge to an entire state's Electoral votes.  The challenge of Ohio's Electoral votes, brought by US Representative John Boehner and Senator Sam Brownback, leads to a 2-hour debate but is ultimately rejected.  The election of John Kerry is certified.

Jan 12, 2005 – In US v Booker the Supreme Court rules that the 6th Amendment required a jury to determine, beyond a reasonable doubt, any fact that inceased the sentence of a defendant in a federal criminal case over the high end of the range provided by the Federal Sentencing Guidelines.

In Clark v Martinez the Supreme Court rules that the Immigration and Nationality Act does not authorizee the continued detention of inadmissible immigrants.

Jan 16, 2005 - In an interview, out going US VP Dick Cheney blames Saddam Hussein for the slow pace of Iraqi reconstruction.

Jan 20, 2005 - John Kerry and John Edwards are sworn in as President and Vice President.

Jan 24, 2005 – In Illinois v Caballes the Supreme Court holds that the use of a drug-sniffing dog during a routine traffic stop does not unreasonably prolong the length of the stop.

Jan 30, 2005 – The first multi-party elections in 50 years are held in Iraq.  Despite heavy election day violence they are deemed a success with a 50-70% turnout.

[Wakie]

FEBRUARY 2005

Feb 2, 2005 – John Kerry delivers his first State of the Union laying out his vision.  Reviews are mixed.  He lays out an ambitious plan including bipartisanship, energy independence, expanding the military, and fiscal responsibility.  His delivery is somewhat wooden though.

Feb 7, 2005 – The Kerry administration introduces its plan for expanding the military by 40,000 troops, doubling the size of special anti-terrorism units, and increasing the funding to VA hospitals.

Feb 10, 2005 – North Korea announces it has developed nuclear weapons and suspends participation in talks to discuss its arms program.  The Kerry administration responds by publicly condemning North Korea.

Feb 14, 2005 – Secretary of State Richard Holbrooke and New Mexico Governor Bill Richardson lead a US delegation to enter into talks with North Korea.

Feb 17, 2005 – After a week of meetings, Holbrooke and Richardson return to the US with an agreement for 2 more rounds of meetings.  They publicly call the meetings positive but warn that North Korea must respect the will of the world.

Congress passes the Class Action Fairness Act of 2005.  Despite his objection to the bill, President Kerry signs it into law.

Feb 18, 2005 – The ACLU releases documents obtained from the US Army alleging the destruction of photographs documenting the army’s abuse of prisoners in Iraq.  Sec of Defense Merrill McPeak pledges a full investigation.

Feb 21, 2005 – 2nd lady of the United States Elizabeth Edwards announces that she has breast cancer.

Feb 26, 2005 – In his first international trip after being elected President Kerry meets with Canadian Prime Minister Paul Martin.  Together they announce a plan for a joint US-Canadian Missile Defence Pact.

[Wakie]

MARCH 2005

Mar 1, 2005 – In a major change to capital punishment in the US, the Supreme Court rules, in Roper v Simmons, that the imposition of the death penalty on persons convicted of capital crimes committed prior to the age of 18 is unconstituitional.

Mar 2, 2005 – In Tenet v Doe the Supreme Court ruled unanimously that spies cannot sue the CIA or US government to enforce an espionage contract because such suits jeopardize the protection of state secrets.

Mar 3, 2005 – The Kerry administration comes under heavy fire from conservatives for agreeing to abide by the WTO’s ruling that the US stop subsidies to its cotton farmers.

Mar 4, 2005 – Riding on the back of the Supreme Court’s Roper v Simmons ruling, the Kerry administration announces a moratorium on federal executions except in the case of terrorism.  It is specifically noted that the government “will seek the death penalty in the Moussaoui case”.

Mar 6, 2005 – President Kerry announces Gary Hart as his nominee to be the first United States Director of National Intelligence.

Mar 21, 2005 – The US Supreme Court, without comment, declines to hear Zacarias Moussaoui’s appeal of the 4th Circuit Court of Appeals decision in his case.

Mar 31, 2005 – Terri Schiavo dies 13 days after her feeding tube was removed by court order.  Republican lawmakers blast the Kerry administration for “failing to defend life”.

[Wakie]

APRIL 2005

Apr 12, 2005 – In a special election, US Rep Martin Meehan is elected to the Senate seat opened up by John Kerry’s election to the Presidency.

Apr 14, 2005 – Congress passes the Bankruptcy Abuse Prevention and Consumer Protection Act.  President Kerry allows it to pass into law without his signature.

Apr 27, 2005 – The US House of Representatives votes 406-20 to rescind controversial Republican ethics rules in order to end a stalemate in the Ethics Committee.

Congress passes the Family Entertainment and Copyright Act.  President Kerry signs it into law.

[Wakie]

MAY 2005

May 1, 2005 – On his way back from LA (where he endorsed Antonio Villairagosa for mayor) President Kerry makes a stop in Nevada and announces a plan to separate the nuclear waste dump at Yucca Mtn out to several different locations.

May 4, 2005 – The White House and Congress announce a bipartisan commission to investigate allegations of torture and prisoner abuse will be led by Senator John McCain.

May 9, 2005 – Iran admits to having converted 37 tons of raw uranium into gas.

May 16, 2005 – In Granholm v Heald the Supreme Court ruled that laws in NY and MI that permit in-state wineries to ship wine directly to consumers, but prohibited out-of-state wineries from doing the same are unconstitutional.

May 22, 2005 – In an appearance on Meet The Press VP John Edwards rails against what he calls “Republicans in Congress who are determined to block any and all of the Presidents judicial nominations”.

May 23, 2005 – In Deck v Missouri the Supreme Court found that the Constitution forbids the use of visible shackles during the penalty phase, as it forbids their use during the guilt phase unless that use is justified by an essential state interest.

May 26, 2005 – After several months filled with dozens of scandalous stories pouring out regarding the former Bush administration and its handling of the War in Iraq, a coalition of citizen groups publicly requests Congress to file a formal “Resolution of Inquiry”.  They wish to determine whether or not the former President committed criminal offenses while in office and if it is possible to prosecute him.

May 31, 2005 – In Arthur Andersen v United States the Supreme Court overturns the conviction of accounting firm Arthur Andersen on obstruction of justice.

In Cutter v Wilkinson the Supreme Court ruled that under the Religious Land Use and Institutionalized Persons Act, prisoners in facilities that accept federal funds cannot be denied accommodations necessary to engage in activities for the practice of their own religious beliefs.

In Tory v Cochran the Supreme Court ruled that in light of Cochran’s death, the injunction limiting the demonstrations of Ulysses Tory amounts to an overly broad prior restraint upon speech.

[Wakie]

JUNE 2005

June 5, 2005 – VP Edwards fills in for Pres Kerry and delivers the Sunday morning radio address.  In it VP Edwards declares that the current administration will thoroughly investigate the charges against the Bush administration.

June 6, 2005 – In Archer v Raich (previously Ashcroft v Raich), the Supreme Court ruled that under the Commerce Clause Congress may ban the use of cannabis even in states which approve its use for medicinal purposes.

In Spector v Norwegian Cruse Line the Supreme Court ruled that the Americans with Disabilities Act applies to foreign cruise ships in American waters.

June 13, 2005 – In Merck v Integra Lifesciences the Supreme Court ruled that the use of patented compounds in preclinical studies is protected.

June 14, 2005 – NATO officials demand an investigation into the crackdown of unrest in Uzbekistan.

June 15, 2005 – Venezuela officially requests extradition of Luis Posada Carriles from the US.  The US does not respond.

June 23, 2005 – In Kelo v New London the Supreme Court rules that the general benefits a community enjoys from economic growth qualify such redevelopment plans as permissible under the Takings Clause of the 5th Amendment.

June 27, 2005 – US Administration officials reveal the new Kerry plan for the War in Iraq.  It includes increasing the number of troops, allowing other nations more contracts in the rebuilding effort as well as a greater say and future development, and lays out a road map to allow for increased UN involvement.

In Van Orden v Perry the Supreme Court rules that a 10 Commandments monument erected on the grounds of the Texas State Capitol did not violate the Establishment Clause.

In Castle Rock v Gonzales the Supreme Court ruled that a town and police department cannot be sued for failing to enforce a restraining order.

In McCreary County v ACLU the Supreme Court ruled that displaying the 10 Commandments bespeaks a religious object unless they are integrated with a secular message.

In MGM v Grokster the Supreme Court ruled that producers of technology which promotes the ease of copyright infringement can be sued for inducing such as committed by their users.

In National Cable & Telecomm v Brand X the Supreme Court held that a cable service is an information service.

June 30, 2005 – Time Magazine says it will hand over records in compliance with a court order in the investigation of the Valerie Plame case.

[Wakie]

JULY 2005

July 1, 2005 – Rumors circulate that Supreme Court Justice Sandra Day O’Connor intends to retire.  When reached for comment she says she has no plans to retire at the present time.

The US military prohibits cruel, inhumane or degrading treatment for “unlawful combatants” in a sweeping revision of DoD Directive 2310.

July 6, 2005 – NY Times reporter Judith Miller is jailed for refusing to divulge her source in an investigation around the leak of a CIA operative’s name.  On the floor of the Senate Rick Santorum decries what he calls “abuse of the Constituition, specifically Freedom of Speech” by the Kerry admin.

July 13, 2005 – US State Dept officials warn the US will withhold aid to Uzbekistan unless the Uzbek government agrees to an international inquiry into the unrest in Andijan.

July 17, 2005 – Time correspondent Matthew Cooper reveals that he testified to a grand jury that Karl Rove was the first to reveal Valerie Plame’s identity as a CIA agent.

July 25, 2005 – Charges surface that Treasury Secretary Roger Altman may have given false testimony to Congress in 1994 regarding then White House-Treasury contacts.

July 27, 2005 – Interim Prime Minister of Iraq, Ibrahim Jaafari calls on international troops to leave Iraq soon.

July 29, 2005 – Appearing with Senate Majority Leader Bill Frist, President Kerry announces his administration will expand federal funding of embryonic stem cell research.  Senator Frist also expresses his support for loosening restrictions on stem cell research.

July 30, 2005 – Uzbekistan orders the US to vacate the military base it has been using in Uzbekistan.

[Wakie]

AUGUST 2005

Aug 2, 2005 – George W Bush does his first interview since leaving public office.  In it he talks about his belief in intelligent design, is very critical of the Kerry administration, suggests that Treasury Secretary Roger Altman may be guilty of perjury, and when asked if he would consider running again for President he leaves the door open.

Aug 10, 2005 – President Kerry comes under heavy fire from conservative critics for vetoing the Transportation Equity Act of 2005.

Aug 13, 2005 – President Kerry and German Chancellor Gerhard Schroder meet to discuss the difficulties of the Iranian nuclear program.

Aug 15, 2005 – Conservative critics deride the Kerry administration’s acquiescence to the NAFTA ruling on the softwood lumber dispute.

Bill Richardson and Richard Holbrooke travel to North Korea to begin a 2nd round of talks with North Korea.  This is the 2nd round follow up to the talks which began in February.

Aug 17, 2005 – 2nd round of talks with North Korea finishes with the US and North Korea agreeing to normalize diplomatic ties between the countries.

Aug 19, 2005 – Arizona and New Mexico declare states of emergency due to the increasing violence along the US-Mexico border.  National Guardsmen are mobilized to patrol.

Treasury Secretary Roger Altman resigns amidst allegations of impropriety in his 1994 testimony to Congress regarding White House-Treasury contacts.

Aug 22, 2005 – Iraq’s parliament receives a draft of that country’s constitution only minutes before the deadline.

Aug 23, 2005 – President Kerry announces his nomination of Jim Johnson as new Treasury Secretary (to replace Roger Altman).

Aug 26, 2005 – Hurricane Katrina intensifies in the Gulf of Mexico and it becomes clear it is headed towards New Orleans.  Mississippi activates its National Guard in preparation.

Aug 28, 2005 – The enormity of Hurricane Katrina becomes clear and evacuations are ordered.  Those who cannot evacuate are moved to the Superdome in preparation to wait out the storm.

Aug 29, 2005 – Katrina hits the Gulf Coast.  The New Orleans levies burst and the city is utterly devastated.

Aug 30, 2005 – In the aftermath of the storm, state and local officials find they are overwhelmed and under prepared.  Both Kathleen Blanco and Haley Barbour reach out to the federal government for aid.  The Kerry administration FEMA (led by veterans of the Clinton FEMA) are quick to respond.

***KATRINA NOTE***
I believe that although the Katrina Disaster would still happen, under a Kerry Presidency it would be significantly lessened.  Here are the reasons I give for the situation being better:

1.   Better coordination between state and federal officials because they are in the same party and no one is worried about losing political mojo.
2.   No Michael Brown.  FEMA under Clinton was hailed as a great success.  Kerry’s team would have been recruited from those ranks.
3.   Greater national guardsmen at home.  During the campaign Kerry had signaled his intentions to grow the size of the regular military and reduce the international commitments of national guard units.
4.   Bush was on vacation in Crawford.  24 hrs after the storm basically leveled New Orleans Bush was at a V-J Day celebration.  I believe Kerry would have responded faster as traditionally he takes winter vacations.

Aug 31, 2005 – A public health emergency is declared for the Gulf Coast and one of the largest search and rescue missions in history is launched.  President Kerry tours the devastated area.

[Wakie]

SEPTEMBER 2005

Sept 1, 2005 – Recovery from Katrina is slow and it is clear that many  have died.  Blame is fast in coming and Gov Blanco, Mayor Nagin, and Pres Kerry are at the top of many lists. 

Sept 3, 2005 – Supreme Court Chief Justice William Rehnquist dies of thyroid cancer.  Until a new Chief Justice is appointed senior Justice, John Paul Stevens, will be acting Chief Justice.

Sept 5, 2005 – Mississippi Senator Trent Lott calls for a “9/11 Style Inquiry” into the government’s response to the Hurricane.

Sept 26, 2005 – In connection with the Abu Ghraib prisoner abuse investigations, PFC Lynndie England is found guilty of charges of prisoner abuse.

Sept 28, 2005 – US House Majority Leader Tom DeLay is indicted on one count of criminal conspiracy by a Texas grand jury.

Sept 30, 2005 – NY Times journalist Judith Miller identifies Lewis Libby as her confidential source for her Valerie Plame story.

[Wakie]

OCTOBER 2005

Oct 3, 2005 – On the first day of the U.S. Supreme Court’s fall term, President John Kerry nominates the Dean of the Yale Law School, Harold Koh, to become the next Supreme Court Chief Justice.  He would be the first Asian-American Supreme Court Justice.

Oct 5, 2005 – The Senate amends a defense spending bill to ban the use of torture by US military forces.

Oct 6, 2005 – Congress confirms Jim Johnson as new Treasury Secretary.

Oct 13, 2005 – Former Speaker of the House Newt Gingrich suggests he is considering a run for President, saying “There are circumstances where I will run”.

Oct 24, 2005 – President John Kerry nominates Bob Rubin to succeed Alan Greenspan as chair of the Federal Reserve Board.

Oct 26, 2005 – President Kerry vetoes the Protection of Lawful Commerce in Arms Act.  The act whose purpose was to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products.  The veto, which stands, brings the White House into direct conflict with the NRA and what is popularly referred to as the “gun lobby”.

Oct 28, 2005 – Former Chief of Staff to Vice President Dick Cheney, Lewis Libby, is indicted for perjury and obstruction of justice by a grand jury.

[Wakie]

NOVEMBER 2005

Nov 8, 2005 – US General Elections – Results of these elections are the same as in our timeline.  Jon Corzine and Tim Kaine are elected Governors of NJ and VA.  Lisa Borders is reelected mayor of Atlanta.  All other mayoral elections are the same.

Nov 10, 2005 – The US House of Representatives drops a provision in the Deficit Reduction Bill that would permit the drilling of ANWR.  The Kerry administration hails it as a massive environmental victory.

[Wakie]

DECEMBER 2005

Dec 1, 2005 – The Caribbean National Forest Act of 2005 is signed into law.  The law designates certain forest land in Puerto Rico as part of the National Wilderness Preservation System.

Dec 7, 2005 – At the Montreal Conference on climate change, Canadian Prime Minister Paul Martin and US VP John Edwards give a joint presentation stating that the US and Canada will lead the way in addressing Global Climate Change.

Dec 13, 2005 – President John Kerry acknowledges that approximately 30,000 Iraqi civilians have died since the commencement of the Iraq War.  He also states his belief that the majority of US forces will be out of Iraq by Christmas of 2006.

Dec 17, 2005 – The Kerry administration comes under heavy fire from liberal groups for failing to act in aid of the peacekeeping mission in Darfur, Sudan.

Dec 21, 2005 – The US Senate blocks oil drilling in ANWR and passes a revised version of the Patriot Act which grants the government significantly less oversight powers.

Dec 22, 2005 – The Presidential $1 Coin Act of 2005 is passed.

[Wakie]

JANUARY 2006

Jan 4, 2006 – A leaked intelligence report states that Iran has been “successfully scouring Europe” for the equipment needed to create a nuclear bomb, as well as parts for a ballistic missile.

Jan 12, 2006 – The foreign ministers of Britain, France, and Germany declare that negotiations with Iran over its nuclear program have reached a “dead end”.

Jan 18, 2006 – In Ayotte v Planned Parenthood the Supreme Court completely invalidated a parental notification statute is unnecessary if its potentially unconstitutional applications could addressed by more targeted judicial remedies.

Jan 22, 2006 – On the anniversary of Roe vs Wade, antiabortion and religious activists in great numbers descend on the National Mall in Washington DC.  It is one of the largest such protests in history.  First Lady Teresa Heinz-Kerry comes under fire after being caught on microphone making disparaging remarks about the protesters.

Jan 23, 2006 - Bill Richardson and Richard Holbrooke travel to North Korea to begin a 3rd round of talks with North Korea.  This is the 3rd round follow up to the talks which began in February of 2005.

In Central VA Community College v Katz the Supreme Court ruled that a bankruptcy trustee’s proceeding to set aside the debtor’s preferential transfers to state agencies is not barred by sovereign immunity.

Jan 25, 2006 – The 3rd round of talks between the US and North Korea rap up with an agreement.  The US promises to send foreign aid to North Korea and in return the North Koreans suspend their nuclear program, not to sell any nuclear technology, and to allow international observers to guarantee no further development.

Jan 26, 2006 – Pakistani President Pervez Musharraf and rejects US objections to a proposed Iran-Pakistan-India pipeline for natural gas saying “It is in our economic interest.  If somebody wants to stop us they should compensate us … But at the moment we are going ahead”.

Jan 31, 2006 – US Supreme Court Chief Justice nominee Harold Koh is confirmed by the US Senate and is sworn in.  This after a lengthy confirmation process in which many Democrats charged Republicans were dragging out the process.

US President John Kerry delivers the State of the Union.  The speech focuses mainly on foreign policy but includes 3 interesting points not already covered in this timeline.  First, he proposes making election day a national holiday.  Second, he pledges to use the strategic fuel reserves if the price of oil continues to skyrocket.  Third, he announces a massive draw down of American soldiers from Iraq by saying, “the Iraqi’s must learn to walk on their own.  We will support them but we cannot walk for them.”

[Wakie]

FEBRUARY 2006

Feb 2, 2006 – Rep John Boehner of OH becomes the US House Majority Leader.

Feb 5, 2006 – The US and Iran announce they will open talks regarding the Iranian nuclear program.

Feb 9, 2006 – Lewis Libby, ex-VP Dick Cheney’s former chief of staff tells a federal grand jury that his superiors authorized him to give secret information to reporters as part of the Bush administration’s defense of intelligence used to justify invading Iraq.

Feb 21, 2006 – In Archer v O Centro Espirita Beneficente Uniao do Vegetal the Supreme Court ruled that a church was properly granted an injunction under the Regligious Freedom Restoration Act against criminal prosecution for its sacramental use of hallucinatory substances.

Feb 22, 2006 – In Arbaugh v Y&H Corp the Supreme Court held that the numerical threshold in Title VII of the Civil Rights Act is not a jurisdictional requirement.

In Dolan v US Postal Service the Supreme Court found that the immunity of the US Postal Service from lawsuits involving the loss of mail did not apply to a claim for injuries caused when someone is injured by negligently delivered mail.

In Domino’s v McDonald the Supreme Court ruled that the agent of a party to a contract cannot state a claim because he himself does not have rights to make or enforce a contract.

Feb 28, 2006 – In Scheidler v NOW the Supreme Court rules that the Hobbs Act does not apply to the use of violence to block access to abortion clinics.

In Texaco v Dagher the Supreme Court ruled that the pricing decisions of a legitimate joint venture between oil companies to sell gasoline to service stations doesn’t violate the Sherman Antitrust Act.

[Wakie]

MARCH 2006

Mar 1, 2006 – In Illinois Tool Works v Independent Ink the Supreme Court rules that a product involved in a tying arrangement is not presumed to have market power for purposes of establishing an antitrust violation by the mere fact it is patented.

Mar 2, 2006 – Just 2 days before US President John Kerry is scheduled to visit Pakistan, a car bomb explodes in the Marriot Hotel Karachi parking lot adjacent to a US consulate in Karachi, killing 4 people including a US diplomat and his driver.

Mar 6, 2006 – M. Michael Rounds, governor of South Dakota, signs an abortion ban that conflicts with the Supreme Court’s Roe v Wade decision.  Pro-choice groups vow to challenge the law in court.

Mar 16, 2006 – US and Iraqi forces launch an air assault known as Operation Swarmer into Salahuddin province in what was termed the largest air assault since the US-led invasion in 2003.  Opponents of the war in Iraq decry it as an escalation rather than the pledged withdrawal of the Kerry admin.

Mar 21, 2006 – In United States v Grubbs the Supreme Court rules that an anticipatory warrant was not defective under the 4th Amendment for failing to list the “triggering condition” necessary for its execution because a warrant only needs to describe the place or person to be searched.

Mar 22, 2006 – In Georgia v Randolph the Supreme Court rules that a physically present co-occupant’s stated refusal to permit entry prevails, rendering a warrantless search unreasonable and invalid.

Mar 25, 2006 – Protests against the US immigration reform bill are held in several US cities.  President Kerry vows to veto it should it reach his desk.

Mar 31, 2006 – Lobbyist Tony Rudy, former chief of staff for Rep Tom DeLay pleads guilty to conspiracy and agrees to cooperate with the ongoing investigation into the Jack Abramoff scandal.

[Wakie]

APRIL 2006

Apr 3, 2006 – The jury in the first phase of the trial of Zacarias Moussaoui determines that he is eligible for the death penalty.

Apr 4, 2006 – Former Majority Leader Tom DeLay announces his resignation from the US House of Representatives.  In his resignation he charges the White House with abusing its position and power to conduct a witch hunt against Republicans.

Apr 9, 2006 – Lewis Libby testifies that former President George W Bush ok’d the leaks of secret CIA intelligence material for political purposes.

Apr 20, 2006 – US President John Kerry welcomes Chinese President Hu Jintao at the White House.  The two publicly address common causes of the two countries.  President Kerry comes under fire from religious groups (including the Vatican) for the meeting.

Apr 25, 2006 – In Northern Insurance v Chatham County the Supreme Court holds that a county that was not acting as an “arm of the state” did not have sovereign immunity from lawsuits authorized by federal law.

Apr 26, 2006 – In Jones v Flowers the Supreme Court ruled that when the notice of a tax sale is returned unclaimed, the 14th Amendment’s guarantee of due process requires the State to take additional reasonable steps to contact the property owner before it can sell their property.

Apr 27, 2006 – Julia Thorne, ex-wife of President Kerry, dies of bladder cancer in Concord, MA.

Apr 28, 2006 – US Army Lt Col Steven Jordan becomes the highest ranking officer to have charges brought against him in connection with the Abu Ghraib abuse.  Military and veterans groups rail against the White House for what it calls “domestic attacks on our troops”.

[Wakie]

MAY 2006

May 1, 2006 – In Holmes v South Carolina the Supreme Court ruled that a state cannot exclude evidence presented by a criminal defendant that a 3rd party committed the crime simply because the prosecution had a strong case.

In Arkansas Dept of Human Services v Ahlborn the Supreme Court ruled that under federal Medicaid law, a state cannot assert a lien on a benefit recipient’s litigation settlement beyond the amount attributable to payment for past medical expenses.

In Marshall v Marshall the Supreme Court ruled that jurisdiction was properly asserted by a Federal District Court over a widow debtor’s counterclaim.

In Garcetti v Ceballos the Supreme Court ruled that statements made by public employees pursuant to their official duties are protected by the 1st Amendment from employer discipline.

May 6, 2006 – President Kerry rejects those calling on him to close the Guantanamo Bay detention center saying, “You don’t close something just because it isn’t operating properly.  You must take the time to do the hard work of fixing it.”

May 7, 2006 – Iranian President Mahmoud Ahmadinejad threatens to pull Iran out of the Nuclear Nonproliferation Treaty if the US and EU 3 do not accept Iran’s nuclear program.

May 11, 2006 – Ernie Fletcher, Republican governor of Kentucky, is indicted on 3 misdemeanor counts of conspiracy, official misconduct, and political discrimination for hiring, promoting, demoting, and firing state employees based on political loyalties.

May 15, 2006 – In DaimlerChrysler v Cuno the Supreme Court held that state taxpayers do not have standing to challenge state tax or spending in federal court simply by virtue of their status as taxpayers.

In Sereboff v Mid Atlantic Medical Services the Supreme Court held that an ERISA plan fiduciary may seek reimbursement for medical costs from the proceeds of the beneficiary’s personal injury settlement.

In eBay v MercExchange the Supreme Court held that lower courts erred in issuing a permanent injunction against eBay by failing to apply the 4 factor test for disputes arising under the Patent Act.

In SD Warren Co. v Maine Board of Environmental Protection the Supreme Court held that because the outflow of water from a hydroelectric dam constitutes a “discharge” into navigable waters, it is subject to the Clean Water Act’s requirement of a state certification.

May 17, 2006 – In his 3rd veto of his presidency, President Kerry vetos the Tax Increase Prevention and Reconciliation Act of 2005.

May 20, 2006 – US Congressman Duncan Hunter claims US Marines in Haditha, Iraq killed 24 civilians in an incident in 2005.  He charges the current administration w/ inability to properly manage the situation in Iraq.

May 22, 2006 – US Congressman William Jefferson refuses to resign as he denies allegations of bribery after an FBI weekend raid of his office and pressure from the White House.

In Brigham City v Stuart the Supreme Court rules that police may enter a home without a warrant if they have an objectively reasonable basis for believing that an occupant is or is about to be seriously injured.

May 24, 2006 – ABC reports that Speaker of the House Dennis Hastert is under investigation for corruption.  Hastert renews common Republican charges that Attorney General Dennis Archer is “leading a witch hunt” inspired by the White House.

Mexican President Vicente Fox and US VP John Edwards appeared publicly in Los Angeles as President Fox began a tour of the US.  Together they were critical of a proposed border wall between the US and Mexico.

May 29, 2006 – The Respect for America’s Fallen Heroes Act is signed into law.

May 31, 2006 – Ohio Republican Thomas Noe pleads guilty to illegally directing $50,000 into the 2004 re-election campaign of George W Bush.

It is announced that the US will join Iran nuclear talks with former US President Bill Clinton leading the delegation.

[Wakie]

JUNE 2006

June 1, 2006 – A report issued by the US Army Corps of Engineers admits their responsibility for 2005 levee failures that flooded the majority of New Orleans during Hurricane Katrina.

June 7, 2006 – A constitutional amendment to ban same-sex marriage is killed when it fails to gain the 3/5ths majority required for cloture in the Senate.

June 8, 2006 – Reports out of Iraq indicate that a US air raid killed Abu Musab al-Zarqawi.

June 13, 2006 – In a unanimous ruling in Hill v McDonough, the US Supreme Court allows challenge of constitutionality of lethal injection.

In a 6-2 (Koh abstained as he was not a justice during the hearing of the case) ruling in the case of House v Bell, the Supreme Court ruled that new DNA forensic evidence is permissible during post-conviction appeals for death row inmates.

June 15, 2006 – Chief Justice Harold Koh breaks a tie in a 5-4 decision in Hudson v Michigan, disallowing evidence admitted in cases where police did not knock and announce themselves when executing a search warrant.

President John Kerry announces the establishment of the Northwestern Hawaiian Islands National Monument, the largest Marine Protected Area in the world.

June 19, 2006 – The US Army charges 3 soldiers of the 101st Airborne Division with murder in relation to the deaths of 3 men in custody in Iraq.

In Rapanos v United States the Supreme Court ruled that the Clean Water Act prevents filling wetlands in navigable waters for the purpose of commercial development.

In Samson v California the Supreme Court held that the 4th Amendment does not prohibit a police officer from conducting a suspicionless search of a parolee.

June 20, 2006 – David Safavian, former Bush White House aid, is convicted of lying and obstruction of justice related to his dealings with lobbyist Jack Abramoff.

Japanese Prime Minister Junichiro Koizumi announces plans to withdraw Japan’s troops from Iraq.

June 22, 2006 – In Burlington N & SFR v White the Supreme Court ruled an employee who is punished by being reassigned to a more arduous position for complaining of sexual harassment is entitled to financial compensation.

June 26, 2006 – In Kansas v Marsh the Supreme Court ruled that the 8th Amendment prohibits states from imposing the death penalty when mitigating and aggravating sentencing factors were in equipoise.

In Randall v Sorrell the Supreme Court ruled that Vermont’s campaign finance restrictions violated the First Amendment.

June 28. 2006 – In League of United Latin American Citizens v Perry the Supreme Court ruled that the Texas redrawing of District 23’s lines amounts to vote dilution violative of the Voting Rights Act of 1965.

In Sanchez-Llamas v Oregon the Supreme Court refused to exclude incriminating statements the defendant voluntarily made to police, even though the Mexican consulate was not notified of his arrest in accordance with the Vienna Convention.

June 29, 2006 – Former Democratic Governor of Alabama Don Siegelman is convicted of bribery and conspiracy.

In Hamdan v McPeak the Supreme Court rules that a military commission trying a plaintiff is illegal and lacking the protections required under the Geneva Conventions and United States Uniform Code of Military Justice.

June 30, 2006 – The US military orders an investigation into claims that 5 US soldiers raped an Iraqi woman and murdered her and members of her family.

[Wakie]

JULY 2006

July 10, 2006 – Congress passes a bill expanding funding for stem cell research.  President Kerry lauds it as being a first step towards curing a variety of diseases.

July 11, 2006 – After almost a month of negotiations, former President Bill Clinton discusses the ongoing negotiations with Iran by saying, “I believe there is common ground between our people and a long lasting peace and trust must exist between the United States and Iran.”  But he is also critical of what he believes are delaying tactics on the part of the Iranian regime.

July 12, 2006 – Hezbollah militants kidnap 2 Israeli soldiers patrolling along the northern Israel border.  Hezbollah demands the release of thousands of Palestinian prisoners.  Israeli Prime Minister Ehud Olmert describes the attacks as “unjustified acts of war” by Lebanon and promises a painful response.

July 13, 2006 – The US vetoes a UN resolution condemning recent Israeli military operations in the Gaza Strip.

Lebanon announces it refuses to abide by UN Security Council Resolutions 1559 and 1583 which call on Lebanon to assert full control over its border with Israel.  At the same time the city of Haifa is hit by rocket artillery fired from Lebanon.  Israel imposes an air and sea blockade of Lebanon and Israeli aircraft strike the Beirut airport.

July 14, 2006 – President Kerry says he supports Israel’s right to self-defense but condemns violence from both sides.  In the mean time the violence between the two sides escalates.

July 15, 2006 – The 32nd G8 summit begins in St Petersburg, Russia with the member nations condemning violence in Israel and Lebanon.

July 17, 2006 – UN Secretary-General Kofi Annan states he is working with the 5 permanent members of the UN Security Council to deploy an armed force in the Middle East to quell escalating violence between Israel and Hezbollah.

July 19, 2006 – Robert Rubin, US Fed Chairman, warns the US Senate Banking Committee of the possible impact of rising energy prices on inflation.

July 20, 2006 – Iran states it is determined to produce nuclear fuel on its territory.  It will respond officially to a Western incentive package on Aug 22.

July 23, 2006 – Israel releases a statement indicating it would accept NATO forces deployed along its border with Lebanon.

July 25, 2006 – The Senate passes the Interstate Abortion Bill.  The bill would make it illegal for non-parents to take a minor to another state to obtain an abortion without parental consent.

July 27, 2006 – Congress passes the Adam Walsh Child Protection and Safety Act.

July 28, 2006 – The UN Security Council approves a resolution to give Iran until the end of August to suspend uranium enrichment or face the threat of sanctions.

July 30, 2006 - Former President Bill Clinton offers to mediate a settlement between Israeli and Hezbollah forces.  Neither side responds.  Ehud Olmert states that, “Israel is not in a hurry to have a cease-fire”.

[Wakie]

AUGUST 2006

Aug 2, 2006 – Ehud Olmert has said that there will be no ceasefire in Lebanon until an international force is deployed in the south of the country.

Aug 3, 2006 – Secretary of Defense Merrill McPeak announces that the ongoing violence between Israel and Hezbollah, the looming nuclear crisis with Iran, and a variety of logistical problems have delayed the planned withdrawal of the majority of US forces from Iraq by Christmas 2006.  He provides no alternative date.

Aug 6, 2006 – Lebanon rejects a UN resolution calling for an end to the conflict between Israel and Hezbollah, insisting it must include an explicit demand for a full Israeli pullout from south Lebanon.

Aug 8, 2006 – In the much contested CT Senate Democratic primary, Joe Lieberman holds off a strong challenge from Ned Lamont.

Aug 11, 2006 – The UN Security Council unanimously adopts a resolution calling for a ceasefire between Israel and Lebanon.

Aug 22, 2006 – Iran responds to the offered Western Incentive Package to get it to end its pursuit of nuclear technology by saying that the it cannot and cites the US support of Israel as being one of the chief reasons it cannot.

Aug 24, 2006 – A senior Israeli source says that Israel “may have to go it alone,” saying that the Iranian negotiations were just the Iranian government trying to “gain time,” and said that Iran had “flipped the world the bird”.

Aug 26, 2006 – Israeli, Lebanese, and EU officials announce that a EU led peacekeeping force will patrol the Israeli-Lebanese border to keep peace between the two nations.

Aug 29, 2006 – Reports surface that Iranian President Mahmoud Ahmadinejad has challenged former US President Bill Clinton to a debate.  The Iranian government quickly denies any such challenge was issued.

Aug 31, 2006 – The UN Security Council approves resolution 1706, which is meant to resolve the Darfur conflict but Sudan quickly rejects the resolution.

Mahmoud Ahmadinejad, the President of Iran, stated that Iran had the right to use nuclear technology on the day that a UN Security Council deadline expires.

[Wakie]

SEPTEMBER 2006

Sept 2, 2006 – Offices of at least 6 Alaska legislators, including Republican Senate President Ben Stevens, son of Senator Ted Stevens, are raided by federal agents searching for possible ties between the lawmakers and VECO, an Anchorage based company.

Sept 8, 2006 – The US Senate states there is no evidence of formal links between Saddam Hussein and al-Qaeda leaders in Iraq prior to the 2003 Iraq War.

Sept 12, 2006 – Tom Noe is sentenced to 2 years in jail for illegally channeling $45,000 into George W Bush’s 2004 re-election campaign.

Sept 14, 2006 – US Rep Bob Ney (R-OH) has agreed to plead guilty to federal criminal charges related to his dealing with lobbyist Jack Abramoff.

Sept 24, 2006 – The NY Times leaks a conclusion from a US National Intelligence Estimate that the Iraq War has made the overall terrorism problem worse.

Sept 26, 2006 – President Kerry signs into law the Federal Funding Accountability and Transparency Act of 2006

Sept 27, 2006 – The Kerry administration releases a report which finds that the Iraq conflict has actually bred deep resentment in the Islamic world and has provided Islamic militants with a focal point for recruiting.

Sept 29, 2006 – Rep Mark Foley (R-FL) resigns from the House of Representatives in the wake of questions about inappropriate contact between he and former Capitol pages.

Sept 30, 2006 – The EU and the US Dept of Homeland Security come to an agreement on the transfer of airline passenger data.  Although the US does not receive all the information it desires regarding passengers entering the US, they are able to get some.

[Wakie]

OCTOBER 2006

Oct 5, 2006 – The Financial Times reports that OPEC has informally agreed to cut output 4% to push up oil prices.

Oct 13, 2006 - Congress passes the Security and Accountability for Every Port Act of 2006.  The act covers security of ports and online gambling.

Oct 21, 2006 – Senior US State Department diplomat Alberto Fernandez says on Al-Jazeera that the US has shown “arrogance” and “stupidity” in Iraq but was ready to talk with any group except Al-Qaida in Iraq to facilitate national reconciliation.

Oct 26, 2006 – President Kerry vetos the Secure Fence Act of 2006.  The act’s primary purpose was to build 700 miles of new fencing along the US-Mexico border with the intention of controlling illegal immigration into the United States.