• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
    • Privacy Policy
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2024
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Senate Approves Proposed Constitutional Amendment Giving Scott Court-Packing Power

April 4, 2014 | FlaglerLive | 5 Comments

florida court-packing
Rick Scott wants to pack it. (Gregory Moine)

With a party-line vote Thursday, the Florida Senate approved a controversial proposal about the power of the governor to appoint replacements for retiring Supreme Court justices.

The proposed constitutional amendment (SJR 1188) would allow an outgoing governor to replace appellate or Supreme Court justices whose terms expire on the governor’s last day in office.

Democrats argued that the proposal, passed by the Senate in a 26-14 vote, would give the next governor the ability to pack the courts and is intended to give incumbent Gov. Rick Scott, who is seeking re-election, the ability to reshape the Florida Supreme Court.

Republicans contend the proposal, which thus far lacks a House companion, is aimed at avoiding a looming “constitutional crisis” over whether an outgoing or incoming governor has the authority to fill judicial vacancies.

The proposal, filed by Senate Judiciary Chairman Tom Lee, would allow the winner of the November election — Scott or, potentially, Democratic candidate Charlie Crist — to replace three Supreme Court justices who would have to retire on the same day the governor’s term ends, on Jan. 8, 2019. Justices have to retire at age 70 but can serve the remainder of their six-year terms.

Because of the retirement requirement, Justices R. Fred Lewis, Barbara Pariente and Peggy Quince, who make up part of the court’s left-leaning wing, will have to quit the bench when their six-year terms expire on Jan. 8, 2019. That is the same day the winner of the 2018 governor’s race will be inaugurated.

The issue came up when Gov. Lawton Chiles was leaving office after the 1998 election but wanted to replace a retiring justice. Incoming Gov. Jeb Bush argued that he should pick the replacement. The two governors struck a deal and jointly appointed Quince. In 2006, the Supreme Court issued an advisory opinion saying that the judicial nominating process can begin under the old governor even though the vacancy occurs after the justice’s term expires.

Lee’s proposal codifies case law to “maintain consistency with the way the Constitution operates,” he argued during floor debate.

“Someone has to be in charge. Someone has to make the decision. All we’ve done here is acknowledge that the executive powers of the governor continue until his or her successor is qualified to succeed them on inauguration day,” Lee, R-Brandon, said.

But Democrats objected that an incoming governor should have the ability to shape the ideological makeup of the bench instead of someone who was either voted out of office or who will no longer be the state’s chief executive.

“Let’s be real. There’s policy but we actually have a case before us. … Three judges of the Supreme Court are going to retire. They’re gone. So that Tuesday morning there’s three people to put on the Supreme Court. Now that Tuesday, we’re going to know who the governor is. It will be Rick Scott or some new governor,” Senate Minority Leader Chris Smith, D-Fort Lauderdale, argued. “Whoever the people vote for in November should make that decision.”

Sen. Arthenia Joyner, D-Tampa, objected that Lee’s proposal would “disenfranchise voters” by denying their choice of governor the ability to appoint judges.

“That just defies the logic of fundamental representative democracy,” she said.

The House does not have a similar proposal but Speaker Will Weatherford said Thursday Lee “made a compelling argument” and that the issue is still in play.

“I do believe it’s something that our body should consider. Whether or not it will get to the floor, or when it would get to the floor, probably too soon to say. But again, I didn’t know that they had passed it today. Happy to hear that. And now the ball’s in our court. We’ll take a look at it,” Weatherford said.

Lee acknowledged that the potential to tilt the state’s high court into a conservative-leaning bench is the source of Democrats’ angst but said that his goal is to prevent a showdown in the future.

“I don’t think we can let this go and be thrown to the courts. There will definitely be litigation. There’s way too much at stake. You see the food fights here over tort reform and trying to overthrow legislation in the courts and things like that. The stakes are just very high and we are in a very unfortunate position, a place in Florida history where we have so many justices that happen to retire at the same time,” Lee told reporters Thursday evening.

–Dara Kam, News Service of Florida

Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Comments

  1. A.S.F. says

    April 4, 2014 at 1:58 pm

    Republican policy is at least consistent. Try to control the vote by restricting voter’s rights. Try to control politics at the state level by Gerry-mandering distrcits in their favor. Now, Florida’s latest move—Try to control the court by cherry-picking Chief Justices. Look at what just happened with the latest Supreme Court decision, split down party lines, that struck down any hope at controlling the power of big money donors to buy elections… There’s Republican politics for you.

  2. Brian says

    April 4, 2014 at 2:43 pm

    Only in Florida can the Constitution be twisted to one side of the political spectrum without the knowledge of the voters. This bill that the Senate passed has only one agenda: stack the Supreme Court with every super-strict conservative judge they can find, and become the next Texas as far as political stupidity. First, they will ban abortions, second they will tackle immigration reform to the likes we have never seen before, and if Whacko Rick gets reelected…….he might begin to talk about seceding from the union! All I know, is that we need to impeach Rick Scott today……get him out of office NOW, before he really does some serious and irreparable damage to our great state!

  3. Genie says

    April 4, 2014 at 4:38 pm

    Call me crazy, but I’ll like to see all candidates have to run for office. I don’t like the idea of politicians padding the courts, either side.

  4. Cruz in says

    April 4, 2014 at 6:11 pm

    Way to go Ricky !!!!

  5. Anonymous says

    April 11, 2014 at 12:48 pm

    ALL WILL DISLIKE THIS AT SOME POINT.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Pierre Tristam on The Daily Cartoon and Live Briefing: Monday, May 12, 2025
  • Pierre Tristam on The Daily Cartoon and Live Briefing: Monday, May 12, 2025
  • Ray W, on The Daily Cartoon and Live Briefing: Monday, May 12, 2025
  • Marty Reed on Flagler Beach Will Crack Down on Contractors Trashing the City and Flouting Rules at Residents’ Expense
  • Mothersworry on Flagler Beach Will Crack Down on Contractors Trashing the City and Flouting Rules at Residents’ Expense
  • JimboXYZ on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • PC Resident on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • A great full homeschooler on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • Kennan on The Daily Cartoon and Live Briefing: Sunday, May 11, 2025
  • PDE on The Daily Cartoon and Live Briefing: Monday, May 12, 2025
  • Carolyn on Flagler Beach Will Consider Selling Ocean Palm Golf Club to Leaseholder, With Conditional Milestones
  • MM on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • Atwp on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • Jake from state farm on NOAA Cuts Are Putting Our Coastal Communities At Risk
  • Land of no turn signals says on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • Merrill Shapiro on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline

Log in