Deal Saver - brought to you by the Charlotte Observer

U.S. Opinions: New York

0 comments
  • Print
  • Order Reprints
  • Share Share

Impartial justice at risk

From an editorial published in the New York Times on Sunday:

The success of right-wing forces two years ago in ousting three Iowa Supreme Court justices for participating in a unanimous ruling that allowed same-sex marriage has inspired similar efforts there and elsewhere in the country this fall.

In Iowa, the Republican Party is working hard to defeat another capable justice, David Wiggins, who participated in the same ruling and is facing a yes-or-no retention vote on November’s ballot. Last week, the socially conservative National Organization for Marriage, which played a large role in the outcome in 2010, began running television ads against the judge.

Unfortunately, Iowa is not alone. Another attempted hijacking of what are supposed to be nonpolitical retention elections – essentially referendums focused on a judge’s competence and honesty – is gathering steam in Florida. The state has not removed a sitting Supreme Court justice in 40 years, but this year three worthy justices standing for retention – Barbara Pariente, Peggy Quince and R. Fred Lewis – may not survive an onslaught from the political right.

The three judges, the only Democratic appointees on Florida’s seven-member top court, are being targeted for various rulings that have angered conservatives.

The barrage began in June when the state’s Republican governor, Rick Scott – who would name the judges’ replacements if they lost – ordered up a phony and politically motivated investigation into the judges’ innocuous use of court personnel to notarize required financial disclosure filings. Meanwhile, an advocacy group financed by the Koch brothers, Americans for Prosperity, has begun running TV ads in several Florida cities criticizing the court’s ruling on the constitutional amendment. The group says it is planning new ads on other cases, all with the goal of framing three judicial moderates as out-of-control “judicial activists.”

Piling on, the Florida Republican Party’s executive committee officially announced its opposition to the judges two weeks ago. To justify its decision, the party dredged up a nine-year-old court order to retry a murder case on technical grounds – an order later rejected by the U.S. Supreme Court – as evidence that the justices are “too extreme.”

The three Florida justices are mounting active campaigns. They have raised about $1 million collectively, a reluctant but realistic concession to the need to fight back. Even so, and despite the support of 23 past presidents of the Florida Bar Association, the fire and police unions, and some prominent state Democrats, their retention is by no means assured.

What is absolutely certain is the damaging message of intimidation that would flow from their removal.


Hide Comments

This affects comments on all stories.

Cancel OK

The Charlotte Observer welcomes your comments on news of the day. The more voices engaged in conversation, the better for us all, but do keep it civil. Please refrain from profanity, obscenity, spam, name-calling or attacking others for their views.   Read more

Quick Job Search
Salary Databases
Your 2 Cents
Share your opinion with our Partners
Learn More