How Florida Voters Could Fire Their Worst Supreme Court Justices In November

[In It to Win It]

B&S

Although Florida voters have no power to hire justices, they do retain the power to fire justices. New justices face a “merit retention vote” in the first general election after the first year of their appointment. If not retained, the Governor must appoint a replacement from the commission’s recommendations as before. If they make it through that hoop, that justice has to face another retention vote in the general election just before their six-year term expires. Imagine if the country got to vote on whether to keep Amy Coney Barrett this November. That’s what happens every time Florida gets a new Supreme Court justice.

In 2022, three justices face their third retention election, and two more justices are up for their first retention vote. As conservative judges at all levels flex their muscles in courthouses across the country, Florida voters have the opportunity to evict a few of its own revanchist justices who think there are a few too many civil rights floating around.

Among them is Charles Canady, who has been on the Court 14 years, appointed by erstwhile Republican Governor Charlie Crist. Previously, he was a Republican member of the Florida House of Representatives and then a Republican congressman, where he was an impeachment manager against President Bill Clinton. When liberals controlled the Court prior to 2018, he was known for fiery dissents. He dissented in, for example, redistricting cases that struck down no fewer than eight congressional districts because of racial gerrymandering, despite evidence that Republican state legislators conspired with Republican operatives to pack as many Black voters into as few districts as possible.

Canady is frequently joined by his colleague Ricky Polston, who was also appointed by Crist.

Justice Jamie Grosshans, appointed in 2020 by DeSantis, is the closest thing to an Amy Coney Barrett of Florida.

Justice John Couriel was the third DeSantis appointee to replace a liberal in 2018.

Contrast Couriel with the fifth justice up for retention, Jorge Labarga, who has distanced himself from his colleagues. Appointed by Crist in 2009, Labarga is conservative, but not as brazenly political as his colleagues.

Link to tweet

[ancianita]

1. Thank you! I had no idea this could be done. I'll definitely vote those 3 out.

The problem if DeSantis wins, is that his appointments would be worse. The solution, of course, if Crist wins, is that maybe the FL nominees will be more liberal.

We'll see.

I'm guessing that Crist hasn't said anything about this in his campaign against DeSantis because his appointees were Republican at the time. And the statehouse, being solidly Republican held, wouldn't confirm a Democratic governor's nominees. I'll be watching to see how this plays out.

All because of your informative post. Much appreciated!

[In It to Win It]

2. Five. Vote those 5 out.

[ancianita]

3. Got it. Thanks. I'll be spreading the word down here.

[In It to Win It]

5. One thing Crist has mentioned

is that appointing Justice Canady was one of the worst things he had done as governor. I think he said he regrets it.

Luckily for us, if Crist wins, he can make more liberal appointments to the Court and they do not have to go through the a confirmation process with the legislature. However, they will have to go through a retention election in 2024. If they win their retention election, they will serve out the remainder of their term, and possibly be re-elected at the end of their term.

It's rare that a state supreme court justice is voted out. Most people, understandably, don't know what they're voting for when it comes to supreme court justices.

[ancianita]

6. Thanks. Glad he has.

[jimfields33]

4. Firing Charlie Crist picks while voting for him is very weird.

Of course I’ll do it. In fact I’m glad that I have these names I just got my absentee yesterday I was looking at it. judges are always difficult so it’s nice to have this article already to go. Thanks for providing the tweet.

[ancianita]

7. DU Floridians: Also on the Ballot are District 2 appellate judges. Go to Ballotpedia for info

on the Govs who appointed them. I vote yes to retain Crist and Chiles appointments, no for Trump and Bush appointments.

https://ballotpedia.org/Florida_Second_District_Court_of_Appeal

[In It to Win It]

8. I'm in the Fourth District. I would vote 'no' on Crist appointees

He was appointing ‘conservative’ judges when he was governor as a republican.

As far as the Florida Supreme Court. Crist has mentioned that he regrets appointing Canady and Polston.

[ancianita]

9. I thought so, too. I only voted yes on Northcutt who got a plus rating on Ballotpedia.

The arguments against all of them are strong. My concern is that even more ideologically driven conservatives would be appointed as their replacements.