On the other hand, Democrats appear to have been clueless — and (some even) complicit, writes Stephen Goldstein. Year after year, they approved the radical majority of justices who now make up the “Roberts Court,” even when they knew their extreme agenda.
Rights & Liberties
Blame Democrats for the Court that
Gov. Scott Gives Up Drug-Testing Half of State’s Workers, But Still Aims Pee Cup at Rest
The governor has not conceded that forcing state employees to undergo urinalysis is unconstitutional despite lower court rulings that spurred the concessions. The U.S. Supreme Court earlier this year refused to take up the case, but it is believed Scott will again ask the high court to rule on the case if he ultimately loses in lower court proceedings.
Jose Manuel Godinez-Samperio, “Undocumented” Immigrant, Earns Florida Bar Recommendation To Be an Attorney
The action benefiting Jose Manuel Godinez-Samperio, of Largo, came less than two months after Gov. Rick Scott signed into law a bill (HB 755) that allows “Dreamers,” undocumented immigrants brought to the country as children, to be eligible for The Bar.
Birth Control Coverage: Hobby Lobby Decision May Not Be The Last Word
The Supreme Court’s decision Monday saying that “closely held corporations” do not have to abide by the contraceptive coverage mandate in the Affordable Care Act may not give those firms the ability to stop providing that coverage after all.
Corporate Religious Liberty: The Supreme Court’s Misguided Decision
When companies have clear policies on religious discrimination, their employees are less likely to be looking for a new job. The Hobby Lobby decision may undercut such successes when companies opt to follow its dictates, writes Joyce S. Dubensky.
Florida Justice Barbara Pariente’s Crusade: Jurors Need Help Understanding that Eyewitness Testimony Is Unreliable
Justice Pariente noted that the Innocence Commission analyzed wrongful convictions and highlighted eyewitness misidentification, which has been a factor in 75 percent of convictions later exonerated through DNA evidence nationally.
As Florida Eases Harsh Approach, Study Shows Locking Up Juveniles Makes Them Likelier Adult Criminals
Between fiscal year 2010-11 and fiscal year 2012-13, juvenile arrests in Florida declined 23 percent and felony juvenile arrests declined 17 percent, while transfers to adult court declined 36 percent.
John Ruthell Henry Is Executed, 18th Inmate Put to Death on Rick Scott’s Watch
No other first-term governor has signed the execution warrants of so many inmates since Florida re-instituted the death penalty in 1976. Since then, the state has executed 87 inmates. One in five of those has been executed on Scott’s watch, in less than four years.
Domestic Spying: How Marketers’ Tracking of Your Web History Is Getting Creepier–Offline
Online marketers are increasingly seeking to track users offline, as well, by collecting data about people’s offline habits—such as recent purchases, where you live, how many kids you have, and what kind of car you drive.
Florida Supreme Court Upholds “Timely Justice” Law Fast-Tracking Executions
In a concurring opinion of the unanimous decision, Justice Barbara Pariente emphasized that the law would not affect the Supreme Court’s “solemn responsibility” to block executions if needed to ensure that defendants’ rights have been protected.
Jitter Echo: Opponents of Amendment 2 Launch “Don’t Let Florida Go to Pot” Campaign
Opponents of a proposed constitutional amendment that would legalize medical marijuana launched the “Don’t Let Florida Go to Pot” campaign Tuesday, warning that passing the measure would lead to widespread abuse. Proponents of the measure are discrediting the campaign.
ACLU Sues Sarasota Police For Access To Records On Cell Phone “Stingray” Tracking Program
The ACLU of Florida has been seeking public records for several months now from about 30 police departments and sheriffs’ offices all over Florida in an effort to access whether or not police are not trampling on privacy rights.
Florida Leads Nation in Inmates Who Serve 100% Of Their Sentence, Increasing Chance of Re-Offending When Released
A new study by the Pew Charitable Trusts finds Florida leading the nation in inmates who “max out” their sentences — serving 100 percent of their time and being released with no supervision beyond the prison gates, thus increasing the chance of re-offending. Almost a third do re-offend.
Sunshine Lows: Cities and Counties Do a Lousy Job of Sharing Information With Citizens
When the First Amendment Foundation publicized its transparency scorecard last month, it found that on average, cities and counties in Florida had lots of room for improvement in sharing the workings of government with the governed.
In a Defeat For Non-English Speakers, Court Bars Entitlement to Spanish-Speaking Shrinks in Workers-Comp Claims
In what could be a first-of-its-kind decision in Florida, an appeals court ruled Tuesday that a man suffering from head injuries was not entitled to treatment from a Spanish-speaking psychologist as part of a workers-compensation insurance claim.
No Castle Doctrine: A Homeowner Is Arrested in F Section For Refusing to Let In Cops to Serve a Warrant
Susan Jones, for more than seven years a home owner on Palm Coast’s Ferdinand Lane, was arrested when she attempted to refuse entry to deputies who wanted to serve an arrest warrant on another woman staying in Jones’s house.
Alan Grayson Amendment Puts NSA on Notice Over Encryption Standards
An amendment filed by Rep. Alan Grayson, D-Fla. and adopted by a House committee would, if enacted, take a step toward removing the National Security Agency from the business of meddling with encryption standards that protect security on the Internet.
U.S. Supreme Court Declares Florida’s Death Penalty Too Rigid in Low I.Q. Cases
The court, in a 5-4 decision, said Florida’s use of an IQ score of 70 “creates an unacceptable risk that persons with intellectual disability will be executed, and thus is unconstitutional.” “Intellectual disability is a condition, not a number,” wrote Justice Kennedy for the majority.
Double-Killing in Ormond Beach:
Not Murder-Suicide, But Mercy and Heroism
Shortly after midnight today John Poucher, 89, shot his wife Barbara, 86, who was suffering from Alzheimer’s, then shot himself. The killings will be logged inaccurately as a murder-suicide. The crime is that we live in a society still too barbaric to give assisted suicide and mercy killing its due.
Florida Prisons Want To Slash Kosher Offerings; Justice Department Says It Would Be Illegal
In a brief filed Monday, lawyers for the Department of Corrections argued that the law allows Florida to scrap the kosher meals because of the financial burden placed on the “cash-strapped agency.” The state has spent more than $200,000 on the lawsuit so far.
On the Road to Marriage Equality, Florida Slams Against the Worst of Homophobia
Florida is nearing what could be a major step forward on marriage equality. But with awmakers like Charles Van Zant, we have some ugly reminders that the ignorance, prejudice and downright stupidity that plagued us in a dark past, are still alive and unwell today, writes Daniel Tilson.
Democrats Push to Restart CDC Funding for Gun Violence Research; NRA Calls It “Unethical”
Since 1996, when a small CDC-funded study on the risks of owning a firearm ignited opposition from Republicans, the CDC’s budget for research on firearms injuries has shrunk to zero. Two Congressional Democrats are unveiling legislation Wednesday that would restart such research, for $10 million.
When Guns and Mental Health Intersect: Cops Seize Arsenals on Two Occasions in 5 Days
For the second time in five days Flagler County Sheriff’s deputies have seized, with consent, two unrelated individuals’ weapons for safekeeping after incidents involving excessive grief or hallucinations, and fear among cops or relatives of the individuals involved that they could harm themselves if their weapons were left in their possession.
Satanic Temple, Come On Down: Florida Eases Holiday Display Bids at State Capitol
Rather than institute a new policy that would limit displays as some expected, the state Department of Management Services is trying to make the application process easier for groups seeking to put up temporary displays in the Capitol complex. The Satanic Temple will give Florida another chance after being blocked from putting up a holiday display last year.
Gov. Scott Sticking By Lethal Injection Formula Despite Gruesome Execution in Oklahoma
A new report issued by the Constitution Project on Wednesday recommends that states like Florida scrap the three-drug lethal injection cocktail that resulted in a botched execution in Oklahoma last week and switch to a single drug instead. But Gov. Rick Scott’s administration says it’s making no changes.
Palm Coast Council May Consider Red-Light Camera Referendum, But Wants More Talk
There were no dramatic moves Tuesday evening among council members or from the city manager. A dozen members of the public addressed the issue, as did City Manager Jim Landon, as did most of the council members and the mayor. But in the end, the most conclusive action was that the council should talk the matter over more thoroughly at a workshop soon.
Supreme Court’s Decision Allowing Prayers at Government Meetings Reverberates Locally
The U.S. Supreme Court’s 5-4 decision today allowing explicitly religious prayers at local government meetings had two direct connections to Palm Coast and Bunnell. So the ruling had particular resonance locally—happily for some, not so happily for others.
Support for Medical Marijuana Surges to 88% in Florida, Stoking Prospects for Amendment 2
The prospects for Amendment 2 don’t stop with pot. The Amendment is expected to draw out voters who support it. The turnout may influence the outcome of the governor’s race pitting incumbent Rick Scott against former Gov. Charlie Crist, whose boss, John Morgan, is leading the battle to legalize medical marijuana.
Federal Order Formalizes Agreement Between Flagler Sheriff and ACLU Ending Postcard-Only Mail at Jail
Flagler County Sheriff Jim Manfre had nothing to do with a sadistic postcard-only mail policy at the Flagler County jail when he was targeted by an ACLU lawsuit charging First Amendment violations. A federal judge formalized the final settlement of that lawsuit on Thursday.
For 2nd Time in 6 Weeks, a Flagler Judge Declares Palm Coast’s Red-Light Camera System “Improper” and Issues Stern Order
After a hearing on red-light camera citations where Palm Coast was, inappropriately, a no-show, Flagler County Judge Melissa Moore-Stens on Wednesday ordered the city to show why it was circumventing the court’s authority by telling drivers they could settle their camera citations by directly paying the city rather than follow legally required steps–and pay fines–through the court system.
In Clearest Pro-Immigrant Shift Yet, Gov. Scott Demands a Senate Vote on In-State Tuition for Undocumented
The governor, who originally came to office threatening to crack down on undocumented immigrants, said Tuesday that his opinion on the issue was shaped by stories he’s heard from students who grew up in Florida and would benefit from being able to pay the cheaper, in-state tuition rates.
0-For-5: In latest Blow to Scott, U.S. Supreme Court Rejects Appeal on Drug-Testing State Workers
The U.S. Supreme Court’s decision not to take up the case means that the 11th U.S. Circuit Court of Appeals ruling stands: Drug tests can’t be justified constitutionally for many of the 85,000 workers who would have been subject to Scott’s policy. The two sides continue to carry out a painstaking process of looking at different categories of workers to determine whether some could be subject to drug testing — a process stemming from the appeals court ruling.
A Rabbi, a Priest and a Bible Walk Into a Seminar: An Interfaith Class in Palm Coast Delivers Weekly Punchlines
Every week since December at St. Thomas Church in Palm Coast, Rabbi Merrill Shapiro and Rev. Robert Elfvin have led an interfaith seminar, open to all, on the Bible as it is read through Jewish and Christian eyes. No ideas are out of bounds and some are off the wall, but participants find it bracing, eye-opening and overdue. Ezra Salkin reports.
Dream Act’s Florida Push Dies as Senate Panel Kills Proposal to Give In-State Tuition to Undocumented Immigrants
Supporters of the bill seemed taken aback by the news, which came less than a week after Sen. Jack Latvala, the Clearwater Republican who sponsored the bill, announced that half the Senate had agreed to join him in sponsoring the measure. Latvala and Negron are locked in a battle over the Senate presidency for the session beginning after the 2016 elections.
Despite Parental Notification Law, Court Finds Room for Teens to Protect Privacy When Seeking Abortion
Florida voters in 2004 approved a constitutional amendment that requires parents to be notified before their minor daughters can have abortions. But an appeals court ruling released Friday shows how far teens can go to challenge the law–and preserve their privacy when seeking an abortion.
Replacing Salisbury Steak With Sardines, Florida Prisons’ Kosher Option Raises Hackles
Inmates contend that the peanut butter, sardines and cabbage served up daily by the Florida Department of Corrections are designed to discourage them from signing up for the kosher meals or to punish inmates if they do, and that the chow is far from what a federal judge had in mind last year when she ordered the state to start serving kosher meals to inmates.
Abortion Restrictions May Tighten in Florida as “Viability” Bill Diminishing Women’s Rights Moves Forward
Under current law, third-trimester abortions are allowed if they are necessary to save a pregnant woman’s life or preserve her health, The proposals would make that standard more restrictive, and would exclude a woman’s psychological health as a reason to perform an abortion.
Rick Scott’s Dilemma: Helping Undocumented-Immigrant Students Or Sticking to His Base
While Scott has repeatedly said he supports a proposal to end annual 15 percent tuition hikes, he’s remained mum about the portion of the bill that would grant in-state tuition to undocumented students, or Dreamers.
Spurred By Judge Craig’s Drubbing of Palm Coast, Rep. Hutson Calls for Repeal of Red-Light Cameras
Calling himself “in complete opposition to the use of red light cameras in Florida,” Rep. Travis Hutson, whose district includes all of Flagler County, took the unusual stop of criticizing Palm Coast’s method of unduly punishing vehicle owners who are cited even though they may not be driving the cited vehicle. He called attention to two measures that would repeal ca,eras or change the rules in drivers’ favor.
Judge Craig Indicts Palm Coast’s “Bad Faith” Red-Light Cameras and Exposes City’s Legal Flaws as He Contests Violation
In a half-hour hearing before Palm Coast’s red-light violations officer, Flagler Circuit Judge Dennis Craig on Thursday ridiculed the city’s guilty-until-proven-innocent standard as well as the council’s claim that cameras are intended to improve safety. The city dismissed his citation not on the grounds he raised, but by inventing a case of “prudent” driving that the evidence did not show.
In-State Tuition For Undocumented Immigrants Passes House, 81-33, as GOP Opposition Thins
The measure allows undocumented immigrants to pay cheaper, in-state tuition rates if they attend Florida middle and high schools for at least four straight years before going to college.
Florida National Guard Stalls Proposal to Let Residents Carry Unlicensed Weapons During Emergencies
Concerns expressed by the Florida National Guard stalled an NRA-backed Senate proposal that would allow people without concealed-weapons licenses to carry concealed firearms when forced outside in times of emergency.
Senate Panel Unanimously Approves Minor Changes to Florida’s Stand Your Ground Law
The bill would clarify that a law enforcement agency must fully investigate whether a person claiming self-defense has lawfully used force. It also would no longer preclude lawsuits from third parties who are injured by negligent conduct used in self-defense.
Eight Gay Couples Married Elsewhere File Federal Lawsuit Challenging Florida’s Rights Violations
The lawsuit lists numerous examples of alleged disparate treatment, such as the state retirement system providing benefits to the surviving spouses of dead public employees who were in heterosexual marriages. Such benefits are not available to surviving spouses in same-sex marriages.
Sheriff Jim Manfre: How To Restore Common Sense to Stand Your Ground
The public’s valid concern over the vigilante-style actions of certain people who have watched too many Western movies should be dealt with through legislative action, argues Sheriff Jim Manfre, starting with a definition of self-defense that doesn;t leave its determination in the perpetrator’s hands.
Federal Lawsuit Against Palm Coast Code Enforcement Charges Search and Due Process Violations
Linda Thomas, a retired attorney in Palm Coast, filed the lawsuit in federal district court, charging the city’s code enforcement division with violations of the 4th and 14th amendments. Flagler County circuit court in two rulings already found the code enforcement division had improperly and arbitrarily cited Thomas, but the court did not address constitutional issues.
Supreme Court Calls on Florida Legislature to Legalize Right of Undocumented Immigrant “Dreamers” To Practice Law
The Florida Supreme Court unanimously ruled on Thursday that undocumented immigrants cannot be admitted to The Florida Bar, calling on the Legislature to change state law to allow so-called “Dreamers” to become attorneys.
Life Without Parole for Juveniles: Florida Struggles to Comply With Supreme Court Ruling
Florida sentences more juveniles to life in prison without parole than any other state, but the pressure is on the Legislature this year to comply with restrictive U.S. Supreme Court rulings because without sentencing guidelines, the Florida judiciary is filling the gap one case at a time.
Denying Service to Gays and Lesbians: Right of Conscience Vigilantism Meets Stand Your Ground
Bills in four states that would let businesses deny service to gays and lesbians on religious-freedom grounds are based on the same faulty justification of Stand Your Ground laws on self-defense grounds. In both cases, the 1st and 2nd Amendments are perverted into defenses of vigilantism rather than protection of rights.
Lock and Load: NRA-Willing, Florida Legislature Takes On Slew of New Gun Legislation
Bills dealing with toaster pastries and insurance policies are just two of more than a dozen gun-related measures lined up for the 2014 legislative session that starts Tuesday. As in previous years, many of them will go nowhere, especially if Marion Hammer, the National Rifle Association’s powerful Florida lobbyist, doesn’t like them.