October 30, 2012
FLORIDA SUPREME COURT JUSTICES– ORIGINALISTS? Absolutely, unequivocally not. I get the chance to set the record straight on a report I authored, commissioned by the Federalist Society, about 3 Florida Supreme Court Justices– Fred Lewis, Barbara Pariente, and Peggy Quince–who are facing retention election this November. Early media reports put their liberal “spin” on my report, claiming I had concluded these three justices were “not activist.” WRONG. I assiduously avoided using the “activist” word because I think it’s vastly overused and accordingly difficult to make stick. But my report made abundantly clear two things:
1. These 3 justices do have a discernible pattern of voting in accord with their (liberal) ideology; and
2. It is perfectly acceptable for voters in Florida to cast their retention vote based on their belief that the justices’ ideology is “wrong” or out-of-step with Floridians.
Is that clear enough for everyone?