They may have a right to do this, if we let them; but they have no right to say that it is in Good Faith.
A group calling itself "Americans For Prosperity" has attacked 3 Florida Justices, two women, one Black. Michael Peltier, "Conservative Group Launches Ad Attacking Florida Supreme Court" (Reuters copyrighted article published online by the Chicago Tribune, Tuesday, September 25, 2012). AFP is based in Alexandria, Virginia.
AFP is funded by Charles and David Koch. Id. The Kochs, two brothers, live in Kansas City, Missouri and the New York City area, respectively.
Their father owned the John Birch Society in the 1950's and 1960's. He died in 1967.
For the first time in history, a political party is openly participating in Florida judicial elections now, too. The "Republican Party of Florida" is opposing the merit retention of the same 3 Florida Supreme Court Justices who are opposed by the outside organization, AFP. The 3 Justices are Fred Lewis, Barbara Pariente, and Peggy Quince.
It is no coincidence that 2 of the Florida Justices under attack by the AFP and the RPOF are women, and one is Black.
The RPOF says for itself that it is upset about the rulings in one particular case in 2010. That was a 5-2 decision in which these 3 Florida Supreme Court Justices, joined by 2 more, ruled against the legality of a proposed Florida constitutional amendment written by the Florida Legislature, which would oppose the Federal Affordable Care Act or Obamacare.
The Florida Legislature edited that proposed amendment to cure the deficiency and the proposed amendment is now on the ballot in 2012. Mary Ellen Klas, "Florida Justice Warns of Assault on the Courts 'Through Partisan Politics'" (Miami Herald Online, posted on Monday, September 24, 2012). So, where's the beef, as they say?
Rather than addressing that question, the RPOF has shifted its professed outrage to target a 2003 decision in a death penalty case. The Florida Supreme Court voted to overturn the conviction and order a new trial. That decision was overturned by a majority of the U.S. Supreme Court and the convict did not receive a new trial. Editorial, "GOP Should Butt Out of High-Court Decision" p. A12, col. 2 (Orlando Sentinel, Wednesday, September 26, 2012). The convict was not released from the penitentiary at any time.
The 3 Florida Supreme Court Justices under attack now have stood for retention and been retained by Florida voters since that decision. (They have all stood for retention and been retained a total of two times through this election.) However, the Republican Party of Florida did not say a word. Neither did anyone else apparently; they were all overwhelmingly retained by the people of Florida.
These attacks on Judges by these creatures in 2012 have backfired. People in Florida are not happy with them, let alone persuaded by them, judging from their unanimous rejection by newspapers from Florida (some of which are available through the linked cites above). And these attacks have instead highlighted an important issue here: Can Governor Rick Scott be trusted to replace them with unbiased Judges if they are not retained? Martin Dyckman, "An Independent Court is at Stake in Florida" (Tampa Bay Times Online, published Monday, September 24, 2012).
Outside agitators have come to Florida to attack Florida women and Black Judges. They deserve nothing more positive than to be sent back where they came from. Vote in Florida in November to retain our judicial integrity, our system of justice here in Florida.
We do not have a perfect system of justice in Florida; but we have a great system of justice in Florida.. Tell these people to leave it alone.
In Good Faith.
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