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Nancy Smith

Rick Scott Can't End Judicial Activism, Conservatives, It's All Up to YOU Now

October 16, 2018 - 6:00am

If Monday's Supreme Court decision doesn't light a fire under Florida's conservative base, I have no idea what will.

Almost immediately, the next governor, not Rick Scott, will choose three Supreme Court justices.

If Republicans care, they will beat a path to the polls. They will pound on doors and get other Republicans to vote, too. Heck, they will bend the ears of Constitution-loving Floridians wherever they can be found.

How our laws are shaped perhaps for generations is at stake. 

I Beg to DifferIf Ron DeSantis wins in November, Florida will have three justices dedicated to judging cases based on the evidence and following the Constitution as it's written. They will be firm opponents of legislating from the bench to support their ideological views. They will look to the Legislature to MAKE the law, and the court to FOLLOW it.

If Andrew Gillum wins, Florida will have three justices who rule on controversial political issues based on personal opinion, rather than existing law. A "Governor Gillum" would duplicate activist retiring Justices Barbara Pariente, Fred Lewis and Peggy Quince, the Supreme Court’s "liberal bloc" and three-quarters of its 4-3 majority.

Think, voters. Don't you want your Supreme Court justices to follow the Rule of Law whether it suits an agenda or not?

"Nowhere is the pattern of judicial activism more prevalent than in the State of Florida," writes Colleen Pero, an attorney and legal analyst specializing in reviewing state supreme court opinions, in an American Justice Partnership Report

And she cites examples in her report, "The Activist Journey of the Florida Supreme Court." Here are a few:

Armstrong v. Harris, 773 So.2d 7 (Fla. 2000). By adding an "accuracy requirement" to the Florida Constitution, the Supreme Court declared a constitutional amendment passed by 72.8 percent of the voting public unconstitutional.

Delgado v. State, 776 So.2d 233 (Fla. 2000). Adding the word "surreptitiously" to the burglary statute, resulting in the setting aside of two murder convictions.

D’Amario v. Ford Motor Company, 806 So.2d 424 (2001) (joined with General Motors Corporation v. Nash) Comparative negligence applies in product liability cases, yet not in crashworthiness cases. The court went shopping in other state courts to determine the majority view ... and then adopted the minority view.

Owens v. Publix Supermarkets, Inc., 802 So.2d 315 (Fla. 2001). (joined with Soriano v. B&B Cash Grocery Stores, Inc.)(superseded by statute) The wholesale rewriting of Florida’s premises liability law, without regard to precedent or the Legislature.

Clay Electric Cooperative, Inc. v. Johnson, 873 So.2d 1182 (Fla. 2003). Recognizing a new legal duty where one has never been recognized before ... and in so doing, refusing to consider public policy consequences.
 
Breaux v. City of Miami Beach (joined with Poleyeff v. City of Miami Beach), 889 So.2d 1059 (Fla. 2005) Exposing local governmental units to greater tort liability through the expansion of prior Florida court decisions. "... another example of the Supreme Court expanding precedent well beyond the original case to reach a desired result." 

Aguilera v. Inservices, Inc., 905 So.2d 84 (Fla. 2005) Ignoring the exclusivity of the Workers’ Compensation Act by establishing a new tort action for improper claims handling by a workers’ compensation carrier. "This case is one of the most blatant examples of the judicial activism by the Florida Supreme Court."

Bush v. Holmes, 919 So.2d 392 (Fla. 2006) By creating a new constitutional mandate, the court held invalid a scholarship program allowing students in chronically failing public schools an opportunity to either attend a better performing public school or receive a voucher to attend a private school. The court held that the Opportunity Scholarship Program "was invalid because the public school system is the 'exclusive means set out in the constitution for the Legislature to make adequate provision for the education of children.' This came as quite a surprise to court-watchers, Pero wrote, considering there is no such express language or reasonable implication found anywhere in Florida’s constitution." 

"There should be no better reminder than Monday's Supreme Court decision to show us how critical it is to get out the vote,"  said Tampa attorney Martin Garcia, former chairman of the Florida Supreme Court Judicial Nominating Commission, "We just saw in the Kavanaugh hearing how important the selection decision is and what long-term  implications are involved."

Republican Party of Florida Chairman Blaise Ingoglia was more specific: "Andrew Gillum would appoint radical, activist justices who would legislate from the bench and work to eliminate school choice, erode pro-life principles and impose big-government ideology on our state. Ron DeSantis is an attorney, Iraq veteran and former Navy JAG officer who knows the importance of appointing strong constitutionalists to the bench.

Make no mistake: Thanks to this ruling by the Florida Supreme Court, the election is no longer a simple contest between left and right. It's between the rule of law and the rule of lawlessness.

The choice is that simple. And that important.

Forget the Red Wave. We need a Tsunami.

Reach Nancy Smith at nsmith@sunshinestatenews.com or at 228-282-2423. Twitter: @NancyLBSmith

 


READ MORE FROM SUNSHINE STATE NEWS

Florida Supreme Court Hands Selection of Next 3 Justices to New Governor

Weekly Roundup: Florida's 'Supreme' Controversy

Comments

"... we get the kind of Florida Supreme court that we deserve ... " Who's the "we" Bishop? YOUR tribe? And exactly what kind of Supreme Court does the "we" deserve, Bishop? One that ALWAYS decides against the other tribe! Like Smith, you peddle nothing but puerile, partisan bu**sh** that does nothing but contribute to hardening division, resentment, and retribution! Somebody open a window ... we need some fresh air here!

Barney Bishop, As if I’m sad, surprised, or shocked that you would be “sad”. Tuh!!

Such BS, Nancy, it totally stinks. What you really mean to say is that if Gillum becomes Governor, Republicans won’t be able to run roughshod over the weak. They won’t be able to continue to nose around between a woman’s legs, where they don’t belong. They won’t continue to take from the poor to give to themselves. They won’t be able to continue their pattern of racism, homophobia, xenophobia, and any other -ism or phobia and blame it on the constitution. After all, DeRacist justified slavery using the constitution.

"nose around between a woman's legs"..... Well, you certainly have a high opinion of YOURself Leslie; That's how low you seem to have sunk lately (...and this is the second time you referred to, and advertised your nether region publically in "SSN")......You must be really desperate, to resort to age old "plantation language"?... America has come a Loooong way since then Leslie, but you seem to be regressing in your inability to come to terms with "Freedom & Liberty". SO SAD,..... "anger management" sessions might be helpful... "SSN" just might want to consider "capping" your outrage and your regular article tenure... in the interests of decency, to protect the 'innocent' from the 'unhinged'...

Stop trying to tell women what to do with her body, and I’ll stop saying you are trying to get between her legs. If that makes you uncomfortable C Breeze, stay outta there!!!

Chuckle, chuckle, chuckle. The amazing thing, especially in the south, is how many low-information cowboys, hillbillies, and rednecks continually vote Republican and, in the process, vote against their own best interests! After 20 years of single-party rule here, this state is pretty much in the bottom quarter of the 50 states in all the measures that really matter ... low in education, low in healthcare coverage, low in wages and salaries, low in home ownership, low in economic diversification ... and on and on. Go Gillum! Vote Blue! This state NEEDS change ... badly!

Everything you just said here is a total lie! We are NOT in the bottom quarter of the 50 states in all the measures that really matter. Healthcare in Florida ranks 34th in the nation. Education in Florida ranks 7th in the nation. The Economy in Florida ranks 5th in the nation. Economic opportunity in Florida ranks 36th in the nation. Infrastructure in Florida ranks 11th in the nation. Crime & Corrections in Florida ranks 32nd in the nation. Fiscal Stability in Florida ranks #3 in the nation. AND, Florida's Quality of life ranks #33 in the nation. Check this out for yourselves at https://www.usnews.com/news/best-states/rankings - and at the top, hover over Rankings, then you can choose the main category or sub-categories. We have room for improvement in Florida--no doubt about that, but GIVING AWAY THE STORE is not going to accomplish that--unless we want to become DETROIT. We must be sensible and vote with the future stability of the Great State of Florida in mind. AND THIS TIME, we need to keep our finger on the pulse of our elected officials and MAKE SURE THEY ARE DOING WHAT WE SENT THEM TO TALLAHASSEE TO DO--INCLUDING THE GOVERNOR. I admit to having been complacent in recent years; content to get on here and RANT with the rest of you. Well, NO MORE. I have grandchildren in Florida schools and daughters teaching in Florida schools. I am publically committing here and now to begin emailing and calling my representatives and senators in Florida just like I do in DC. I trusted Rick Scott, and he put the first *** in the armor of the 2nd amendment. I believe he will be a better US Senator than Nelson--but from now on--believe me--I will be on his case. I am an active Twitter person. He will feel the heat every time he missteps. I am praying for DeSantis to win Florida because I believe he is committed to improving the numbers above--but I'll be watching what he does. I have been a business owner in Florida. We must do diligence with elected public servants no less than we would do with employees. THEY WORK FOR US.

Your cherry picked stats are a joke...FL is #2 in income inequality in the US, so economic opportunity is only based on unemployment for 82% of jobs earning less than $10 an hour. Your education rankings are based on standardized testing, so what? You just measured reading and basic math, nothing else. The choice before you is even simpler than you know. It is simply between choosing people or special interests. DeSantis has not sponsored or done one significant thing or piece of legislation in his short career, period. His only claim to fame is a member of the radical tea party freedom caucus, which wants to pretty much eliminate any Gov't benefit of any kind including SS, Medicare, and pre-existing conditions. Why would any sane person vote for that after paying their whole lives to keep it? Not to mention the people he associates with are complete, crazy imperialists... He might be worse than Trump. If there is such a thing...

more nonsensical rambling from the unemployed fat guy from NY on the FL Gov't teat...

Leslie - you are a sick, sick woman! Even though you leaned way left of my personal belief system, I use to enjoy reading your articles. Now, your articles are nothing but racist rants against Ron DeSantis and other people who happen to be white! You support Gillum solely because he’s African-American, not because he’s accomplished anything other than increasing Tallahassee’s crime rate by 52%. I don’t care what color a candidate’s skin is. I’m looking for accomplishments, experience and most specifically, I’m looking for candidates that follow our Constitution and rule of law. You are truly the racist!!

Oh, and I can guarantee that I’ve voted for more white candidates than you have black candidates, so sew that on your hood and wear it!!

No, You enjoyed it when I called out Democrats. You don’t like it so much when I do the same to Republicans. You thought I was one of your good negroes. Surprise, surprise. I walk to the beat of my own drum. I don’t have a “massa”. Not democrats, and certainly not republicans. So as far as you not liking the fact that I call Ron DeSantis exactly what hebis A RACIST, I give LESS than a damn!

Leslie, Reread what you have written here. I submitt that you do have a "massa." The difference is that this "massa" resides in your head. CAST IT OUT of your life. Are you just a negro? OR, are you a strong, intelligent woman of color who has the ability to be anything she wants to be? Start walking to the beat of God's drum, and change your life. Forget these people. You can't win in a thread like this. And never, never vote for someone because of the color of their skin. Always look at their heart--because the Word says, "Out of the abundance of the heart--the mouth speaks!" Matthew 12:34; Proverbs 4:23; Proverbs 10:11; Psalm 14:1; Proverbs 21:2; Proverbs 24:12; Ezekiel 11:21; Ezekiel 16:30; Luke 6:45 ALL talk about this. When God tells us something that many times... we'd best pay attention. PS: I am a woman of color--WHO HAPPENS 2B white!

DeSantis has definitely evidenced a racist attitude ... but some element of racism is inherent in the basic Republican Party platform! Republican gerrymandering is clearly racist. Republican voter suppression statutes and regulations are clearly racist. Republican anti-immigrant sentiment is clearly racist. Republican tribalism is clearly racist, i.e., 'if you ain't in my tribe, screw you!'. And more. Definitely time to Vote Blue ... in Florida and nationally!

EXCUSE ME... but DEMOCRATS RAN THE SOUTH; DEMOCRATS OWNED THE PLANTATIONS; DEMOCRATS WENT TO WAR TO FIGHT FOR THE RIGHT TO OWN SLAVES; and DEMOCRATS FOUGHT THE THIRTEENTH AMENDMENT LIKE CRAZY; DEMOCRATS STARTED AND CONTINUED THE KKK. ABRAHAM LINCOLN WAS A REPUBLICAN. Go study history for yourself. Our current president has made it possible for ALL of us to do better economically. Why do you think so many people of color and ethnicity support him. DON'T BE A FOOL. Don't follow the lies they have fed you in the past. Open your mind. Open your heart. Who wants to live in a country filled with hate. LET THE RACE CARD DIE! If that is your identity--you will fail in life. Grab the brass ring and find a way to succeed. Believe me--it's worth it...

Wow Lady, who is the fool? YOU! You are right about one thing... Dems were all those people, but they are all Republicans now dummy... This President just increased the wealth of the top 3% of wage earners the most in the history of the US, ever. In the process, he has increased the federal deficit 767 billion dollars in 1 year. Also the biggest single annual increase in History. Perhaps you should do some studying yourself dumbass...

My, my, my, aren’t we nasty this morning!! I must have hit a nerve!!

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