UPDATE: Judge Francis has withdrawn her name from consideration to become the next Justice on the Florida Supreme Court
We like nothing better than when a conservative court issues a conservative order that bites a conservative in their maskless butt.
The Florida Supreme Court did that Friday when, invoking the ghost of Scalia past, it ordered our mask shaming governor to appointment a new Justice to the Court by Monday High Noon. A showdown at the OK Coral this is not. But still, it has the makings of some fun. Suppose for a second the Governor nominates a Judge who can serve for two months before mandatory retirement? Just a thought as to all the shenanigans that we may be in for. Nothing better than a Constitutional Crisis Weekend.
Here are some highlights from the order:
"The constitution’s ten-year Bar membership requirement and sixty-day appointment deadline are bright-line textual mandates that impose rules rather than standards and prioritize certainty over discretion. To some, enforcing rules like these might seem needlessly formalistic when the result is to preclude the appointment of an otherwise qualified candidate. But “formalism,” as Justice Scalia observed, “is what makes a government a government of laws and not of men.”
In other words, "here is your Scalia textualism, now choke on it."
The Governor thought he was being sneaky when his counsel, in their latest argument wrote that DeSantis didn't Appoint Judge Francis to the Court...he just announced his Intention to appoint her when she was eligible.
The Court didn't buy what the Governor was peddling, dismissing the linguistic slight of hand in a snickering footnote:
"We note the inconsistency with the Governor’s assertion, in response to the initial petition in this case, that “Governor DeSantis completed his legal duty by appointing Judge Francis … to the Florida Supreme Court on May 26, 2020."
All over the State robed readers who want to live in Tallahassee are making their plans, and checking their phones twice, waiting for DeSantis to be naughty or nice. Someone is going to get the call "Hey, how do you feel about being my second choice?"
Meanwhile Judge Francis needs to call the realtor and see if she can get her deposit back on that apartment in Tallahassee.
2020-985_disposition_150566_d04 by HR on Scribd
I think all others on the list should decline the appointment.
ReplyDeleteThe Eleventh Circuit, en banc, just set aside the panel decision in this case and ruled that felons have to pay all fines, etc., even though not one of the 85000 applications that are pending have been ruled upon. The 8-4 decision would have been 4-4, which would have upheld the lower court decision if Judges Luck and Lagoa had not participated. The next steps should be interesting.
ReplyDelete
ReplyDeleteTHE CAPTAIN REPORTS:
BIDEN, DEMS NOT TOO HAPPY TODAY ......
Well, if you thought that those 770,000 felons would be pulling the lever for Biden this November (do they still pull a voting lever anywhere), then you would be very wrong.
This afternoon, the 11th Circuit Court of Appeal, in an En banc decision by a 6-4 vote, ruled in favor of Gov. DeSantis and against the felons. Newly appointed judges Luck and Lagoa both in on the 6 vote majority. The opinion reads 200 pages long; 120 alone for the dissents.
Before WILLIAM PRYOR, Chief Judge, WILSON, MARTIN, JORDAN, JILL
PRYOR, NEWSOM, BRANCH, GRANT, LUCK, and LAGOA, Circuit Judges.
WILLIAM PRYOR, Chief Judge, delivered the opinion of the Court, in which
NEWSOM, BRANCH, GRANT, LUCK, and LAGOA, Circuit Judges, joined,
except with respect to Part III–B–2, in which only NEWSOM and LAGOA,
Circuit Judges, joined
MARTIN, Circuit Judge, joined by WILSON, JORDAN, and JILL PRYOR,
Circuit Judges, dissenting.
Enjoy a cocktail, while reading the opinion:
https://media.ca11.uscourts.gov/opinions/pub/files/202012003.enb.pdf
Cap Out .....
y
ReplyDelete
ReplyDeleteTHE CAPTAIN REPORTS:
JUDGE FRANCIS WITHDRAWS HER NAME:
“In light of the circumstances, I have decided to withdraw my name from consideration for the position,” she wrote in the three-sentence letter. “Thank you for your support, and for standing by me throughout this process, for which I am incredibly humbled.”
PREDICTIONS:
Judge Jonathan Gerber (Fourth District Court of Appeal)
Judge Jamie Grosshans (Fifth District Court of Appeal)
Judge Norma Lindsey (Third District Court of Appeal)
Judge Timothy Osterhaus (First District Court of Appeal)
Eliot Pedrosa (executive director, InterAmerican Development Bank)
Judge Lori Rowe (First District Court of Appeal)
Judge Meredith Sasso (Fifth District Court of Appeal)
CAP OUT .......
Did I WIN the 2020 Survivor Pool already??
ReplyDeleteNorma, nice person who could not handle county court so, now we're sending her to tallahassee? Really?
ReplyDeleteIt's not only who you know but, who you.....
Captain,
ReplyDeleteMost criminals have conservative leanings when it comes to politics. These felons; Trump voters. Uncle Joe is not displeased.
Kid
Strike all men from the list. My bet is Lindsey. Her opinions show a good deal of campaigning as to one's conservative values. "Let them eat cake.".
ReplyDeletePerhaps J Lindsey, but John Couriel fulfilled the necessity to have one of the appointees be from 3d District, so I am thinking someone from central or north Fla will get the nod. J Gerber from the 4th? Other women available too: JJ Lori Rowe and Sasso both have DCA experience (1st and 5th, respectively).
ReplyDeleteWhomever donates most to Trump will get the FSC spot. Pretty simple.
ReplyDeleteThe real question is what is next for Thomas? I mean she's obviously wasting her legal talents in circuit court. Federal bench, federal appeals court bench or USSC?
Do you remember Norma in county court? You put on your show and then she left and ran to Sam Slom's office for him to tell her how to deny a valid motion to suppress. It was shameful to watch.
ReplyDeleteThat being said, I can also say that she is a nice person who is respectful to everyone.
There's a party soon to celebrate the retirement of Jeri Cohen. Can I go instead to the party to celebrate her leaving us alone?
ReplyDelete3:40 is forgetting Jamie Grosshans in the Fifth, who practiced "Christian law"
ReplyDelete