Political Currents

In My Opinion

Florida justices fighting against tyranny of the minority

 

mmarquez@MiamiHerald.com

None of today’s justices has been accused of anything — except by Republican partisans upset that the justices didn’t vote for their side but based their decision on the law. If they were wrong, as happens because judges are human and not infallible, then the U.S. Supreme Court can weigh in, as has happened in a few cases, and send the case back to the Florida Supremes to reconsider. The system works. Why mess with it?

The difference between the pre-1970s reforms and today is that justices simply ran for election and had to campaign on political positions. Didn’t matter if they had little legal experience — popularity could get them into office, period. Under the reforms, Supreme Court justices and appellate judges are selected under a rigorous process that looks into their knowledge of the law, their past legal work, their demeanor and their experience. The names, selected by a panel appointed by the Florida Bar and the governor, are then sent to the governor.

Is there politics in that process? Sure, but it’s not a popularity contest, like elections can be, and the proof of its working is that in the last 30-plus years no appellate judge or justice has been accused of the type of corrupt shenanigans that used to occur.

The bottom line is that the GOP is unhappy with the Supremes for rulings that didn’t go the way they wanted and for striking down in the past couple of years some proposed constitutional amendments that the GOP-led Legislature wanted put on the ballot. The justices found the language in those amendments was unclear and did not meet constitutional muster. Partisan stalwarts took that to mean the court was playing politics.

The GOP’s tactic though is to pretend that these justices have been soft on crime and let out killers when that’s simply not so.

The GOP’s Curry, for his part, told The Herald/Times Tallahassee Bureau Chief Mary Ellen Klas recently, “This is a battle of ideas, a different world view.’’

No, sir, it’s not different. It’s the “world view” exhibited by the Taliban, the tyranny of the minority.

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