Florida Supreme Court rules lawmakers must testify in redistricting case

[Redfairen]

Source: Miami Herald

The state Supreme Court ruled Friday that legislators and their staffs must testify in a case that accuses Republicans of redrawing political boundaries for partisan advantage in violation of the state Constitution.

The 5-2 decision means that the League of Women Voters, Common Cause and others can force Republican senators and key staff members to testify under oath about their motives in drawing districts. The plaintiffs claim emails show that the GOP plotted with party officials and political consultants for partisan advantage in the 2012 remapping of Senate and congressional districts.

In a blistering dissent, Justice Charles Canady, joined by Chief Justice Ricky Polston, called the majority’s conclusions “unprecedented” and said the ruling “grievously violates the constitutional separation of powers.”

“For the first time in the recorded history of our Republic, a court has ruled that state legislators are required to submit to interrogation in a civil case concerning their legislative activities,” Canady wrote.



Read more: http://m.miamiherald.com/mh/db_274907/contentdetail.htm?contentguid=hmSFNcfV

[loudsue]

1. And I say it's about damned time.

It now takes 2 1/2 democrat's votes to to only 1 republican vote because of redistricting.

[elleng]

2. EXCELLENT!

[Major Nikon]

3. Link to decision

http://www.floridasupremecourt.org/decisions/2013/sc13-949.pdf

[BlueJazz]

4. I love it. The Republican Scum have been pulling this dirty crap for years...

...and now they have to explain it all.. HA!

[defacto7]

5. Damn good!

Hope something sticks and spreads.

[Fred Sanders]

6. The Rule Of Law

simply means that all citizens, no matter their rank or position, politician or not, is subservient to the law, and if the law appears violated it is the judicial system that makes the final call.

Redistributing for partisan purposes, if it occurred, can obviously only be determined by independent judicial review. Cons and the privileged detest the equality inherent in the rule of law.

Duh.

[QuestForSense]

7. In a 5-2 decision. That's encouraging!

Republican legislators and their staffs have acted with impunity far too long. Ultimately, they are accountable to the public for their actions. Despite the "blistering" dissent, it's written in the State Constitution for a reason.

[struggle4progress]

8. Canady and Polston are Jeb's appointees

[madfloridian]

9. More about Charles Canady. led Clinton impeachment, led anti-abortion legislation.

Used to be a Democrat.

Florida's new Supreme Court justice....led Clinton impeachment, led anti-abortion legislation.

Note in the article that he says he answers only to God.

In today's print edition of the paper these words were proudly posted above the article about him.
Forgive the jpeg format, but I had to scan it. They changed the word Lord to Law in the online edition. The print edition also carried the above paragraph at the end.

"For those of you who pray I ask that you pray that I will always judge with wisdom and integrity as a faithful servant of the Lord," he said.

He is about as right wing as they come. One of Crist's worst appointments, sort of his tip of the hat to the tea party bunch.

[madfloridian]

10. Charles Canady got an Olive Garden waitress fired for standing up for Clinton.

From 1998

http://cjonline.com/stories/122798/gov_waitress.shtml

A Florida waitress says she was fired for serving Republican U.S. Rep. Charles T. Canady a heaping portion of criticism about the impeachment of President Clinton.

Carolee Westcott says she was canned from the Olive Garden restaurant after calling Canady, a former Democrat, a "turncoat or traitor" for his recent vote to impeach the president.

She said managers told her that her interaction with the congressman "wasn't exactly 'hospitaliano,"' using the Italian restaurant chain's word for warmth to customers.

...Unbeknownst to her, Westcott said, Canady overheard her and asked for a manager. Westcott was called to the table and when Canady asked her if she had something to say to him, she offered her opinion.

"I made one statement and that's it," Westcott, 38, said Saturday. "I told him, 'I think you are a Democratic turncoat or traitor who stabbed my president in the back.' ''

She was talkinig to someone else, he overheard. He had to know she would be fired if he called the manager.

[SoapBox]

15. Oh...

What gem he is! All powerful...like the OZ Man!

Another dick in a position of power. Nice that the others didn't let this creep have it his way.

[Uncle Joe]

11. Kicked and recommended.

Thanks for the thread, Redfairen.

[nikto]

12. Canady and Polston...

are clearly more Conservative than Human.

[truthisfreedom]

13. Separation of powers was NEVER intended to protect one branch

By letting it run lawless.

[DallasNE]

14. I Don't Understand The Dissent

Blistering though it may be. If the Constitution has provisions concerning how district lines are drawn then why wouldn't the Court step in when there are questions surrounding the legality of those district lines. I would expect that the 5th Amendment is available to those compelled to testify. The court would be remiss if it simply turned the other cheek when faced with possible violations of the Constitution. By this logic they could not step in should the Governor be suspected of violating the Constitution. What am I missing. Besides, the legislature can impeach Judges and the Governor yet there is no way to remove a member of the legislature in part because they are not even subject to scrutiny?

[Stuart G]

16. Now, some those assholes, will have to testify, and then they will lie.

Perhaps they can get them on perjury. Cause there might be a few that will tell the truth, and occasionally there is hidden evidence that pops up, and .........some of the crooks, actually go to jail....

[valerief]

17. I guess the assholes will quickly rewrite the state constitution. nt

[secondvariety]

18. They can try

but any Constitution change has to be approved by 60% of the voters. Most of the legislature's amendment proposals have gone down in flames. Florida would be a lot more left leaning if it wasn't for the gerrymandered districts and weak Democrat leadership.

[docgee]

19. I hope this spreads to other states.

[madrchsod]

20. tough shit...

they got caught now they have to fess up.

[Dustlawyer]

21. It would be sweet if the Texas legislature had to explain the Tom Delay redistricting!

My district (home town) was split in half, and the predominately black half was watered down with whites over 100 miles away. In between the district has a narrow point 15 feet wide!

[packman]

22. Florida truly is a swing state

in many senses of the word. I live in the Panhandle of the Sunshine state and am told it once was a bastion of the Democrats , rock solid. Then it gradually swung to the right after civil rights became the law of the land and now - of course - is Republicon Land complete with God, Bibles, and guns. Their control of local news and airwaves is complete and you could get elected by saying you're a patriotic family Christian person - no other credentials needed.

[madfloridian]

23. Parts of Central Florida are like that as well.

Not so much the coasts, but the inland areas. There is nothing on the talk radio but right wing.

[Fred Sanders]

24. From the majority decision

This Court is charged with the solemn obligation to ensure that the constitutional rights of its citizens are not violated and that the explicit constitutional mandate to outlaw partisan political gerrymandering and improper discriminatory intent in redistricting is effectively enforced. While the Legislature asserts that the challengers should be precluded from accessing relevant discovery information because it is absolutely privileged, we conclude that there is no unbending right for legislators and legislative staff members to hide behind a broad assertion of legislative privilege to prevent the discovery of relevant evidence necessary to vindicate the explicit state constitutional prohibition against unconstitutional partisan political gerrymandering and improper discriminatory redistributing.