Florida Supreme Court Justices Speak Against Political Influence

10/08/12

On Friday, three Florida Supreme Court justices, Fred Lewis, Barbara Parient, and Peggy Quince, took on the mounting political opposition influencing the ‘merit retention' vote they face in November in order to keep their seats. Speaking to an audience of law students at the Florida State University, the justices stressed that mainstream politics should not influence court elections.


Republicans and conservative groups who accuse the trio of judicial activism have openly targeted the justices through political campaigning meant to influence their chances of being re-elected. Usually, “merit retention” votes within court systems attract little political campaigning from mainstream politics.

Florida's Republican Party had openly criticized the three justices for being “too extreme,” last month. Americans for Prosperity, a conservative group backed by billionaire brothers Charles and David Koch, followed through a few days later with an ad campaign against the justices.

To counter, the justices raised more than $1 million between them, with the majority of donations coming from attorneys and law firms. People backing the justices have formed their own political committee named Defend Justice from Politics.

While talking at the Florida University on Friday, Justice Lewis said the ‘merit retention' elections this time was nothing short of a litmus test on the independence of the court and constitutional democracy. Lewis said, “If the system is preserved, I think the people can trust it and say we are not going to let partisan politics alter who we are as Floridians.”

However, the Republicans accuse the three justices, exactly on the grounds of playing partisan to views possessed by Democrats and using the courts as an instrument of politics.

In a recent opinion, Florida Republican Party Chairman Lenny Curry wrote, “The grassroots opposition to these justices stems from a long list of cases in which these justices have injected their own political views into their rulings.”

The three justices have been consistently found on the wrong side of Republican interests: In 2000, they were part of the majority that demanded recount of ballots in Florida's presidential election; in 2010, they stopped a state constitutional amendment opposing Obama's health care reform law.

However, a Florida Bar survey conducted in September showed the three justices had an approval rating of more than 90 percent, and during their last retention vote, six years ago, they won at least 67 percent of the vote.

In an interview posted on his website, Lewis said, “The average Floridian wants a fair court … They want an impartial court and they do not want decisions made for political considerations.”