Fred Henneke, Attorney & Counselor-At-Law

ONE WEEK TO GO; 10/27/2020

Topics of interest as we enter the last week before Election Day:

  1.  The Supreme Court. Our Constitution gives the President the authority to appoint justices to the Supreme Court subject to the advice and consent of the United State Senate. Therefore, President Trump’s action in appointing Amy Coney Barrett to the Supreme Court was not unconstitutional. Furthermore, elections have consequences. To the victor goes the spoils, and the power. Since 2014, the Republicans have enjoyed a majority in the Senate, and Mitch McConnell has not hesitated to exercise the power resulting from the electoral majority. .More than 50% of Americans wanted the decision to wait until after the election. Mitch McConnell cares not what the majority of Americans wants.
  2.  Pandemic. The world is in the throes of an explosion in virus cases and deaths. The United States is not immune from a resurgence of the virus. 48 states are reporting increased positive results, rising numbers of deaths and hospitals seriously taxed. Here in Texas, El Paso is reporting that all of its hospitals are full, all of the ICU units are full, and they are shipping persons that need to be hospitalized out of El Paso. The virus in NOT going away and will continue to be a serious, potentially life-threatening situation until a vaccine is proven and distributed widely.
  3. Election. Mr. Biden continues to have a 9% advantage nationally after averaging the polls, and an 5-7% advantage in most of the “battleground” states. Those figures are only significant if they hold up on November 4th   Hillary Clinton was also ahead in the polls at this time in 2016, albeit by lesser margins. And we all know how that turned out. Record numbers of American have already voted, either in person or by mail, more than voted early. in 2016. And there are still 6 days left to vote before the actual Election Day, depending on your particular state’s laws. I  pray that Election Day is calm and tense. I give little credence to the threats of massive litigation if the President loses. I also do not believe the reports of possible armed resistance to the results. This is America, not some Banana Republic where its citizens do not accept the outcome of the democratic process and prefer to change leadership at the point of a gun. Sometimes I shake my head at what goes on in the name of politics, but I still believe in America and the basic goodness of its citizens.

If you have not, PLEASE VOTE. If you know of someone that has not voted, take them with you. Your future, my future, and our kids and grandkids future depends on our participation.


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