The court DeSantis built is having a moment

Kimberly Leonard's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
May 08, 2024 View in browser
 
Florida Playbook logo

By Kimberly Leonard and Gary Fineout

The Supreme Court of Florida is seen.

The Supreme Court of Florida is seen in Tallahassee, on Jan. 11, 2024. | Francis Chung/POLITICO

Good morning and welcome to Wednesday.

Gov. Ron DeSantis remade the Florida Supreme Court over the past five years, reshaping the state’s political universe heading into the November elections.

Along the way, it may have created an enduring part of DeSantis’ legacy. The seven-member court cleared the way for the state’s new six-week abortion ban and gave a green-light to an abortion access initiative that will now go before voters. And there are still two big cases looming.

While national Democrats have focused their attention on former President Donald Trump because he appointed the justices that overturned Roe v. Wade and made the six-week ban possible, those who have followed the issue in Florida say the restriction is due more to DeSantis, who appointed five of the justices.

“Without DeSantis we wouldn’t have the court we have,” said John Stemberger, president of Liberty Counsel Action, who spent decades leading one of the state’s most influential anti-abortion groups. “Without those judicial picks and their philosophy we would have never got there. I think Ron DeSantis gets to take credit indirectly.”

Florida’s six-week ban is the result of the “Florida Supreme Court more than anything else,” said Mary Ziegler, a University of California at Davis professor and legal historian who has written about the history of abortion.

“Florida has had conservative governors and legislative majorities for many years at this point,” Ziegler said. “Florida had been more progressive on abortion rights than neighboring states and arguably many other progressive states because of the way the state’s Constitution had been interpreted. This decision marked more of a big sea change more than anything else.”

The question is whether there will be any more surprises from this court in the near future. Two cases — both of which involve DeSantis directly — remain in flux. And both could loom large for the governor over the next two-and-a-half years left in his term.

One case involves the congressional map that DeSantis muscled through the Legislature which helped the GOP take back the House. The map proposed by the governor dismantled a North Florida seat that had been held by a Black Democrat and ultimately helped Republicans net four more seats. A federal court earlier this year rejected a lawsuit against the map, but the state Supreme Court still needs to decide if the map conflicts with voter-approved gerrymandering standards.

The case is currently on a timeline that suggests a hearing won’t happen until after the summer. So it won’t affect this year’s elections, but a ruling rejecting the map could loom large for DeSantis if he inches toward a 2028 bid.

The high court also has a pending case regarding the suspension of Central Florida prosecutor Monique Worrell. DeSantis suspended her from office last August after asserting she was too lenient with criminals and was endangering the public. Worrell challenged the suspension and her case was heard by the court last December. Both Worrell and Andrew Warren, a Tampa prosecutor suspended by the governor in 2022, are running this year to win back their jobs.

Then there’s the question of whether this same court will ultimately be asked to weigh in yet again on abortion. Critics of the amendment, including DeSantis, have questioned the wording on the voter initiative and its overall impact.

“There’s still a lot up in the air in Florida,” said Ziegler.

— Gary Fineout

WHERE’S RON? Gov. DeSantis is holding a press conference in Gainesville at 9:30 a.m. with Florida Department of Highway Safety and Motor Vehicles Director Dave Kerner and State University System of Florida Chancellor Ray Rodrigues.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch at: kleonard@politico.com

 

THE GOLD STANDARD OF POLICY REPORTING & INTELLIGENCE: POLITICO has more than 500 journalists delivering unrivaled reporting and illuminating the policy and regulatory landscape for those who need to know what’s next. Throughout the election and the legislative and regulatory pushes that will follow, POLITICO Pro is indispensable to those who need to make informed decisions fast. The Pro platform dives deeper into critical and quickly evolving sectors and industries—finance, defense, technology, healthcare, energy—equipping policymakers and those who shape legislation and regulation with essential news and intelligence from the world’s best politics and policy journalists.


Our newsroom is deeper, more experienced, and better sourced than any other—with teams embedded in the world’s most active legislative and regulatory power centers. From Brussels to Washington, New York to London, Sacramento to Paris, we bring subscribers inside the conversations that determine policy outcomes and the future of industries, providing insight that cannot be found anywhere else. Get the premier news and policy intelligence service, SUBSCRIBE TO POLITICO PRO TODAY.

 
 
... DATELINE TALLAHASSEE ...


FORGET ABOUT IT — “DeSantis says he has no plans to call a special session of the Florida Legislature,” reports News Service of Florida. “Amid widespread speculation about lawmakers possibly returning to Tallahassee, Gov. Ron DeSantis said Tuesday he has ‘no plans’ to call a special session but would back stricter immigration measures from the Republican-controlled Legislature.”

IN COURT — “Judges sound skeptical about DeSantis push for executive privilege,” by POLITICO’s Gary Fineout. “Judges on a Florida appeals court sounded skeptical Tuesday about assertions by Gov. Ron DeSantis that he can sidestep the state’s public records laws by asserting he has executive privilege — a right that has not been recognized previously in state law. The highly watched case before the 1st District Court of Appeals could have repercussions for media organizations and members of the public and allow DeSantis and future governors a way to shield records detailing deliberations and discussions inside the governor’s office. But at the same time the three judges on the panel also acknowledged that they could sidestep the entire legal question and reject the underlying lawsuit for other reasons, including that it was brought by an anonymous person.”

AFFORDABLE AND HIGH GRAD RATES — “Yes, Florida is No. 1 in the country for education. Here’s why,” by Tim Smart of U.S. News & World Report. “Florida still fares well in many education metrics, and for the second year in a row is the top state for education in U.S. News & World Report’s Best States rankings. That placement is largely fueled by several stellar metrics in higher education, and less so by Florida’s still fairly strong performance in the prekindergarten- through-12th-grade arena.”

— “Sales-tax holidays ahead for storm prep and school; there’s a new break on insurance premiums, too,” reports Anthony Man of the South Florida Sun Sentinel.

300-MEMBER FORCE — “An infamous Miami cop joins Ron DeSantis’ paramilitary force,” reports Ana Ceballos and Charles Rabin of the Miami Herald. “Javier Ortiz, the Miami police captain whose long history of citizen complaints alleging beatings, false arrests and harassment made him notorious in the city he swore to protect and serve, has joined Ron DeSantis’ Florida State Guard. Ortiz, 44, joined the paramilitary organization in February, about a year after the Miami Police Department rescinded his firing on the condition that he give up his work-issued gun, work a nighttime desk job and commit to an early retirement.

NEW LAW — “Florida poised to start new crackdown on massage centers, therapists,” reports Florida Politics’ Christine Jordan Sexton. “The new measure (HB 197) — which Gov. Ron DeSantis signed this week — requires the state to suspend the licenses of massage therapists and massage establishments if any employee of a massage therapist or establishment is arrested for any spate of offenses, including having sex with minors, prostitution, kidnapping or false imprisonment.”

Mourners line up outside the historic Old Capitol building in Tallahassee, Fla., on Friday morning, April 26, 2024, for a memorial service for former U.S. Sen. Bob Graham, who died April 16. Graham, a Democrat, also served as Florida governor before his election to the U.S. Senate. (AP Photo/Brendan Farrington)

Mourners line up outside the historic Old Capitol building in Tallahassee, Fla., on Friday morning, April 26, 2024, for a memorial service for former U.S. Sen. Bob Graham, who died April 16. Graham, a Democrat, also served as Florida governor before his election to the U.S. Senate. (AP Photo/Brendan Farrington) | AP

— “Bob Graham’s family plans South Florida events commemorating late governor and senator,” by the South Florida Sun Sentinel’s Anthony Man.

— “Florida toughens its street-racing, school-safety laws,” reports News Service of Florida.

COMING SOON — “Balloons harm wildlife. Florida is set to ban their release,” reports The New York Times’ Cara Buckley. “The balloon ban is rare for garnering widespread bipartisan support. It was championed by environmentalists and sponsored by two Republican lawmakers from the Tampa Bay area, Linda Chaney, a state representative and Nick DiCeglie, a state senator … The bill closes a loophole in an existing Florida law that allowed for the outdoor release of up to nine balloons per person in any 24-hour period, a provision that critics say didn’t achieve the goal of reducing marine trash.”

PENINSULA AND BEYOND


GOOD FOR TOURISM — “Disney’s adjusted profit tops forecasts as theme park numbers keep rising,” reports the Associated Press. “Revenue at Disney’s domestic theme parks rose 7 percent … The company reported more spending by guests at Walt Disney World because of higher ticket prices.”

‘TRANSFORMATIONAL’ — “FAMU donor, CEO speaks out after skepticism around record $237 million donation,” reports Tarah Jean of the Tallahassee Democrat. “The 30-year-old hemp farmer, investor and entrepreneur drew the national spotlight with his gift, which appears to be both the largest in history at FAMU and any of the other 100-plus historically Black colleges and universities, or HBCUs, in the country.”

A Brightline train at a station in Fort Lauderdale, Florida.

A Brightline train is shown at a station in Fort Lauderdale, Florida, on Jan. 11, 2018. A high-speed rail line between Las Vegas and the Los Angeles area is getting a Biden administration pledge of $3 billion to help start laying track. | Wilfredo Lee/AP

ELIMINATING — “Brightline ending $10-per-ride South Florida pass program to make room for Orlando riders,” reports Mike Diamond of the Palm Beach Post. “Brightline, unable to accommodate many of its Orlando passengers, is eliminating a popular $10-per-ride monthly pass program for South Florida commuters and has already begun reducing the number of seats available for purchase on short trips between Palm Beach, Broward and Miami-Dade counties. It is all part of a plan to help get as many passengers as possible on the longer and more profitable route to Orlando International Airport, but it is coming at the expense of users in South Florida.”

OTHERS WANT IN — “Brightline high-speed rail to Tampa? City officials discuss what’s next,” by the Tampa Bay Times’ Olivia George. “On a Wednesday morning last month, a group of senior city staff and business leaders huddled with Mayor Jane Castor to discuss plans connecting Tampa and Orlando with high-speed rail. The meeting came about six weeks after Florida lawmakers decided not to include a requested $50 million to spur rail expansion along Interstate 4. Florida Gov. Ron DeSantis later said at a news conference that taxpayers wouldn’t be ‘on the hook’ to pay for construction by private operator Brightline. Castor wanted an update on what’s next.”

CAMPAIGN MODE


PANTHERS — “As students protest Israel, has the Florida Democratic Party drifted to the right?” by the Tampa Bay Times’ Kirby Wilson. “With a November election looming, Democrats are treading carefully when it comes to the progressive issue of the day: American support for Israel’s war on Hamas. Some of the state’s most prominent Democrats, including Florida Democratic Party chairperson Nikki Fried and U.S. Rep. Debbie Wasserman-Schultz, are Jewish and staunch backers of Israel. At the same time, President Joe Biden is relying on an outpouring of support from young people in November — like he did in his 2020 victory over Donald Trump. While Florida Democrats work to turn out the vote on college campuses, protesters on some of those same campuses have taken to quads in recent days with chants of ‘Biden, Biden, you can’t hide. You’re supporting genocide.’”

— “Sen. Corey Simon among North Florida delegates going to the Republican National Convention,” reports Jeff Burlew of the Tallahassee Democrat.

 

DON’T MISS POLITICO’S ENERGY SUMMIT: The future of energy faces a crossroads in 2024 as policymakers and industry leaders shape new rules, investments and technologies. Join POLITICO’s Energy Summit on June 5 as we convene top voices to examine the shifting global policy environment in a year of major elections in the U.S. and around the world. POLITICO will examine how governments are writing and rewriting new rules for the energy future and America’s own role as a major exporter. REGISTER HERE.

 
 
DATELINE D.C.


NEW BILL — “Sen. Rick Scott joins Miccosukee Tribe in argument over Big Cypress Preserve protections,” reports the Miami Herald’s Alex Harris. “Sen. Rick Scott filed a bill Monday to block a move by the federal Department of Interior that would ratchet up protections for the broad swath of cypress forest in Southwest Florida. Scott, who is up for re-election in November, aims to stop the federal government from designating the preserve as ‘wilderness,’ like it has done for the preserve’s southern neighbor, Everglades National Park.”

TRUMPLANDIA AND THE SWAMP


BULLISH — “Tony Fabrizio feels good about Trump’s chances. And it’s ‘kinda weird,’” by the Bulwark’s Marc Caputo. “What’s less known about Fabrizio is that, among political insiders, he has a reputation as a clear-eyed pessimist, one who won’t search for silver linings because he’s too concerned about the storm clouds. Yet despite the unprecedented challenges Trump faces—an embarrassing and time-consuming sex-scandal criminal trial; a massive cash disadvantage; a huge disparity in paid advertising; a small on-the-ground campaign footprint compared to Biden’s; and a corresponding drumbeat of negative coverage — Fabrizio on Saturday sounded uncharacteristically . . . optimistic.”

DELAYED — “Judge Cannon indefinitely postpones Trump’s classified docs trial,” reports POLITICO’s Kyle Cheney. “The judge presiding over Donald Trump’s criminal case in Florida — on charges that he hoarded classified secrets at his Mar-a-Lago estate after his presidency — has indefinitely postponed the trial, once scheduled for May 20.”

— “Trump invited to get $54,000 in unclaimed property. Florida CFO says money could help fight ‘very, very nasty people,’” by the South Florida Sun Sentinel’s Ron Hurtibise.

ODDS, ENDS AND FLORIDA MEN

Fleet Week Miami

Courtesy Blue Star Families

FLEET WEEK — Blue Star Families hosted a kickoff concert celebration last night at PortMiami for the city’s inaugural fleet week, which will bring more than 1,500 service members to the 305. During the concert, Secretary of the Navy Carlos Del Toro announced that a nuclear-powered submarine will be named U.S.S. Miami and sponsored by Gloria Estefan. The singer and actress danced to “Conga,” and the reggae band The Wailers performed. Blue Star Families CEO Kathy Roth-Douquet received the Navy Distinguished Public Service Award.

BIRTHDAYS: Rep. Vern Buchanan … Journalist Kimberly Moore.

 

Follow us on Twitter

Kimberly Leonard @leonardkl

 

Subscribe to the POLITICO Playbook family

Playbook  |  Playbook PM  |  California Playbook  |  Florida Playbook  |  Illinois Playbook  |  Massachusetts Playbook  |  New Jersey Playbook  |  New York Playbook  |  Ottawa Playbook  |  Brussels Playbook  |  London Playbook

View all our political and policy newsletters

Follow us

Follow us on Facebook Follow us on Twitter Follow us on Instagram Listen on Apple Podcast
 

To change your alert settings, please log in at https://login.politico.com/?redirect=https%3A%2F%2Fwww.politico.com/settings

This email was sent to salenamartine360.news1@blogger.com by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA

Unsubscribe | Privacy Policy | Terms of Service

Post a Comment

Previous Post Next Post