Her bona fides in Miami’s Cuban community could not be stronger: her parents fled Cuba in 1966 as part of a “freedom flight.” Florida Governor Ron DeSantis is telling all and sundry in the Trump White House that she is it. The U.S. Supreme Court invalidated this system in January 2016. Help us continue to provide the reporting, commentary, and criticism you won’t find anywhere else. They will stand on their ground that the Senate shouldn’t consider any candidate until January 20, 2021. Ron DeSantis to pick a new Florida Supreme Court Justice. Ron DeSantis to pick a new Florida Supreme Court Justice. Circuit of Appeals. You can cancel anytime. Notre Dame’s Amy Coney Barrett, by contrast, presents a more target-rich environment. Both Rubio and Scott weighed in on Saturday after Trump announced he was selecting Barrett to replace the late Ruth Bader Ginsburg.The Senate is expected to vote on the nomination at the end of October. At the same time, the court effectively overruled precedents that limited its ability to reverse past decisions. Email: Peter@FloridaPolitics.com Sen. Josh Hawley has stated that he wants someone on record who has already voiced his or her opposition to abortion. The majority favorably cited a concurrence by Justice Clarence Thomas scorning faithful adherence to precedent. A graduate of Columbia Law School and a devout Catholic, she has compiled a solidly conservative record as a judge. Gerber is a two-time Supreme Court finalist. What matters to him is something else—appealing to Hispanic voters in Florida to cut into Biden’s numbers. Drawing a distinction between “facts” and “sentencing recommendations,” the court held that juries need only find one “aggravating circumstance” to render a defendant eligible for death. Even wooing a small percentage of Hispanic voters away from the Biden camp could be enough to help put Trump over the top in November. It would be hard to think of a pick that would go over better in Trump’s new home state than Lagoa, a Cuba-American who currently serves on the 11th U.S. The one remaining liberal was the lone dissenter. Trump’s choice could help determine his fate in November. Throw him a line at jason@floridapolitics.com or on Twitter at @JasonDelgadoFL. Post was not sent - check your email addresses! Donald Trump has already placed two of  DeSantis’ three justices on the 11th U.S. But a jury need not decide this factor is “sufficient to impose death,” and whether it is outweighed by “mitigating factors.” And it need not recommend a death sentence, unanimously or otherwise, for a judge to impose one. Her record may not be enough to persuade hard-line conservatives that she will be fully reliable. St. Petersburg, Florida 33704. By joining Slate Plus you support our work and get exclusive content. Because the new conservative majority didn’t like it. State Department of Financial Services, the court unanimously endorsed the 4th District Court of Appeals’ decision upholding the $200,000 aggregate cap under Florida sovereign immunity law. It’s also the case that nominating a Cuban-American will put the Senate Democrats in a bit of a pickle. by Jacob Heilbrunn Follow JacobHeilbrunn on Twitter L. ... decisions she wrote as a state appeals court judge or in other decisions during her brief time on the Florida Supreme Court … In the Governor’s Daily Brief email sent Monday afternoon, the Governor’s Office said DeSantis would make an announcement regarding Francis and the Florida Supreme Court. The new majority has already been casually scrapping minor precedents it disliked. The Senate confirmed her to the 11th Circuit by a vote of 80-19 in 2019. Florida’s two U.S. senators–Republicans Marco Rubio and Rick Scott–are on board with President Donald Trump nominating Amy Coney Barrett to the U.S. Supreme Court.. She first emerged in the public spotlight when she served as a member of a legal team on behalf of Elian Gonzalez’s American relatives in 2000. She would be more of a stealth candidate. Ron DeSantis replaced the other three with conservatives selected by Leonard Leo, head of the Federalist Society, a partisan organization that elevates Republicans to the judiciary. However, when she was vetted for her federal judgeship, she told the Senate she considered Roe v. Wade the “binding precedent of the Supreme Court” and “settled law”—echoing phrases used by Justice Neil Gorsuch and Justice Brett Kavanaugh when their nominations were being vetted. Of the seven remaining JNC finalists, only Judge Jonathan Gerber of the 4th District Court of Appeal in West Palm Beach would fit the exact geographic criteria Francis met. The Florida Supreme Court has become a laboratory of judicial conservativism since 2019, and now the justices have given themselves a new tool to clear away remaining obstacles. Why did the Florida Supreme Court overturn its prior decision in Hurst? Would she? All contents © 2020 The Slate Group LLC. “For lower court judges, all Supreme Court precedent, including Roe v. Wade ... is settled law,” she wrote in her questionnaire. Like these other states, Florida required a jury to determine whether “aggravating circumstances” exist that justify a sentence of death. Trump desperately needs to win Florida with its twenty-nine electoral votes to defeat Biden. In a caustic opinion, the majority blithely threw Hurst—a 5–2 decision—out the window. It reiterated that the Sixth Amendment requires a jury, not a judge, to find all facts that increase the maximum punishment. On Thursday, though, a reconstituted court gave the legislature the greenlight to repeal these reforms and expand judges’ control over death sentences. It appearing that the Governor has yet to comply, we hereby issue the writ of mandamus and order the Governor immediately to comply with the Court’s order.”. Join Slate Plus to continue reading, and you’ll get unlimited access to all our work—and support Slate’s independent journalism. His past bylines include WMFE-NPR and POLITICO Florida. A hearse leaves a Florida state prison following an execution. The Florida Supreme Court has become a laboratory of judicial conservativism since 2019, and now the justices have given themselves a new tool to clear away remaining obstacles. Florida Supreme Court. The Florida Supreme Court has, in the past, declined to overrule past decisions without some special justification. “Trusting that the Governor would fully comply with the order, and consistent with our traditional practice, the Court withheld issuance of the writ of mandamus,” the order said. “If confirmed, I would faithfully apply this precedent and all other precedents of the Supreme Court.”. And you'll never see this message again. Receive our team's agenda-setting morning read of what's hot in Florida politics. The Governor ridiculed the lawsuit this week as “politically motivated” and “hypocritical.”. Address: 204 37th Avenue North #182 It declared that a judge may not impose death unless the jury unanimously found all aggravating factors to be proven beyond a reasonable doubt, “sufficient to impose death,” and not outweighed by any “mitigating factors.” Moreover, the majority held that a jury must “unanimously recommend a sentence of death” before a judge “may consider imposing” it. She had no high-profile rulings on the matter in the nearly 500 decisions she wrote as a state appeals court judge or in other decisions during her brief time on the Florida Supreme Court justice and, since late last year, a judge on the U.S. 11th Circuit Court of Appeals. If you value our work, please disable your ad blocker. Circuit Court of Appeals. The justices returned the case to the Florida Supreme Court to implement their decision, which, at that point, had a 5–2 liberal majority. So far, the arrangement has worked well for each side. © Copyright 2020 Center for the National Interest All Rights Reserved. The court also considered its state constitution, which declares that the “right of trial by jury shall be secure to all and remain inviolate.” Interpreting this guarantee, the majority expanded the role of the jury in capital trials beyond the federal minimum. Phone: (727) 642-3162 Capital defendants may be the first to feel the effects. Unlike almost every other state, however, the jury’s determination was not binding. President Donald Trump faces some daunting obstacles to reelection. But the Florida Supreme Court did more than apply Hurst. The Florida Supreme Court has rejected a petition to let law school graduates enter practice based on their educational credentials alone in light of the continuing postponement of sittings for the Florida Bar Exam because of …

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