Stop Judicial Activism

Florida Supreme Court: one of the most activist courts in the nation.

Judicial activism is one of the greatest threats to freedom that exists in our country and state. After being appointed to the bench, judges take an oath to uphold the constitution. This oath, however, is frequently broken as judges play partisan politics, legislate from the bench, and deny us the proper protection under the law.

Judicial activism is a problem throughout America, and it’s a very serious problem here in Florida. In fact, the American Justice Partnership said Florida has one of the most activist court systems in the nation.

“Nowhere is the pattern of judicial activism more prevalent than in the state of Florida” – American Justice Partnership, “The ‘Activist’ History of the Florida Supreme Court.

Our State Supreme Court is among the worst offenders and has frequently meddled in the democratic process and taken upon itself to determine outcomes that our state Constitution leaves to voters, not judges, to decide.

  • In 2000 the Florida Supreme Court decided to throw out a constitutional amendment that had already been approved of by 72% of voters. The Justices on our highest court, however, had a different idea, and overturned the voters’ clear will.
  • In 2010 the Court refused to allow voters to decide on the Florida Health Care Freedom Act. Even though our state constitution says that we have a right to answer ballot questions asked by lawmakers, the court didn’t like the question, since it would have helped protect us from being fined by the IRS for not purchasing health care products.

The Florida State Supreme Court has taken upon itself to decide matters lawfully left to voters to decide. They have disenfranchised every voter in the state on multiple occasions, and greatly overstepped their constitutional limitations, proving that they truly are one of the most activist courts in the nation.

Fortunately, citizens of Florida have a recourse. It’s called a merit retention vote. This election, three Justices are up for a retention vote: Barbara Pariente, Peggy Quince and R. Fred Lewis. Voters can research their record and determine whether they deserve another shot.