In 5-2 Ruling, Florida Supreme Court Rejects Ballot Measure Banning Federal Health Reform

FlaglerLive ^ | 31 Aug 2010 | Jim Saunders

[shove_it]

The Florida Supreme Court on Tuesday rejected a proposed constitutional amendment that targeted the new federal-health reform law, ruling that state lawmakers included misleading wording that could not be fixed.

Justices, in a 5-2 ruling, upheld a circuit judge’s decision to strip “Amendment 9″ from the November ballot. The court rejected state arguments that it could simply eliminate a ballot summary that included the disputed wording and let the rest of the proposal go before voters.

[...]

During Supreme Court arguments, an attorney for the state did not defend the wording. Instead, he asked the court to simply eliminate the ballot summary and put the full text of the amendment on the ballot — a move that justices made in 2004 on another disputed ballot proposal.

But the court rejected that argument Tuesday, with Justices Peggy Quince, Jorge Labarga and James E.C. Perry signing an opinion that specifically said the 2004 opinion was” not consistent with a long line of cases involving proposed constitutional amendments.”

“Our role in this process is as a reviewer of constitutional validity, not as an editor or author,” the opinion said.

Justices Barbara Pariente and Fred Lewis also agreed to reject Amendment 9, though they did not sign onto the main opinion. Chief Justice Charles Canady and Justice Ricky Polston dissented.

Canady wrote an opinion saying the court should follow the lead of the 2004 case and the Legislature’s desire for voters to cast ballots on Amendment 9.

[...]

[shove_it]

This is not a real recent article but I could not find it previously posted. This is important info because four Supremes are on the Nov. ballot for retention. Judge for yourselves how to vote. Me, I'm voting yes to retain justices Canady and Polston; NO for Perry and LaBarga.

[shove_it]

Florida ping

[princess leah]

Is this ANY surprise after the fiasco in 2000? These Florida Supreme Court Judges are AS BAD as the 9th circuit court in CALIFORNIA!~

[Celtic Cross]

Yup.

[Regulator]

Gosh, how far we've come.

Judges in Florida get a vote on a Constitutional Amendment before the people?

Did Madison and Jefferson have to check with the British Magistrate before the final vote on the Constitution?

Judges should be limited to reviewing laws, not constitutions. There is no capacity to declare a constitution "un-Constitutional".

Flori-duh is a really strange place, where people in the judiciary apparently make up the rules as they go...

[NonValueAdded]

Excellent! This is one part of “consent of the governed” that receives little attention. Thanks for posting this.

[Recovering_Democrat]

Florida news: These 2 "justices" on the florida kangaroo court removed the "we don't want obamacare" provision from the ballot.

Labarga can be removed from office on November 2. Vote to remove him.

Perry can be removed from office on Novemer 2. Vote to remove him.

[Humal]

I have received my absentee ballot, and I will remember these judges. Thanks!

[the invisib1e hand]

hate to be redundant, but since it applies, I'll risk it: Florida starved a disabled woman to death a couple of years ago. Don't put anything past them.

It's the Epicenter of Death.

[the invisib1e hand]

Perry can be removed from office on Novemer 2. Vote to remove him.

It appears that he's black. Doesn't that make you a racist? (/s).

[screaminsunshine]

La Barga and Perry...check.

[lovesdogs]

Thanks for posting this link. I just added it to my facebook page.

[Gay State Conservative]

Just as was the case a month or two in Missouri,HusseinCare would have been *soundly* defeated in FL (71% opposition in Missouri in their referendum).So just fix the language and put it on the ballot in ‘12....which will *GUARANTEE* that it will pass *AND* that Hussein loses the state.It'll be a twofer!

[jeffc]

Thank you for the info. It is very hard to find the real meat of what judicial candidates stand for (i.e. their case rulings).

Bookmarked and will check back to make sure in November. Again, thanks for the post.

[itsahoot]

This shows you can be convicted for thinking about a crime. The people want a constitutional amendment, but before they can commit the crime the Court saves them from themselves.

How is it a legal issue, before the people voted on it? Welcome to Dutchland.

[Oldpuppymax]

You mean the leftists on the Fla. Supreme Court are IGNORING the will/rights of voters and shoving HuseinCare down their throats???? WOW!! Seems IMPOSSIBLE, doesn’t it.

[Beowulf9]

I don’t live in Florida but thanks for putting this up here. I hope the people there are informed about these judges and will vote them out.

Wish I could put this someplace where the people in Florida could see it but I don’t really know where, I don’t go to any other forums.

[Joe Brower]

Florida Freeper

[JPG]

I agree with your assessment and that's how I'll vote, too.

[shove_it]

Canady, Polston, LaBarga and Perry were appointed by Crisp. Pariente, Lewis and Quince were appointed by Childs; we'll get a shot at unseating them in 2013.