FLORIDA HOUSE DEMOCRATS REJECT
COURT-PACKING SCHEME

TALLAHASSEE, Fla. – A united Democratic Caucus in the Florida House voted today in strong opposition to a proposed overhaul of the Florida court system and branded the Republican proposal a politically motivated court-packing scheme.

HJR 7111 would expand the Supreme Court from seven to 10 members and split them evenly into separate divisions for criminal and civil appeals. That measure also requires that the more senior justices go to the criminal bench.

House Democratic Leader Ron Saunders (D-Key West) said that “court packing is wrong” regardless of partisanship. The following is a snippet of his House floor debate:

“What is the real reason for this bill?” Saunders asked in debate. “Simply put, the real reason is to pack the Supreme Court for political purposes.

“What is court-packing? The Future of Freedom Foundation, a conservative group, had an article titled `FDR’s Infamous Court Packing Scheme.’ FDR was Franklin Roosevelt, one of the most popular Democratic presidents in our nation’s history. The article details how when the US Supreme Court declared some of Roosevelt’s proposals unconstitutional, he tried to pack the court with justices who would support his programs. Roosevelt claimed that the reason for his plan was simply to relieve the Supreme Court’s workload. Sound familiar? This deceit was exposed when the Court showed that it actually up to date with all its cases. Once again, sound familiar?

“Court-packing is wrong, whether proposed by a Democrat like Roosevelt or Republicans, as with this bill today.

“In determining whether this bill is politically motivated, ask yourself one simple question: Would the proponents of the bill be pushing it or Republicans be voting for it if Democrat Alex Sink were Governor today? I think we all know the answer to that question.”

Representative Richard Steinberg (D-Miami Beach) challenged Republican member assertions that the bill is needed or supported by the judiciary.

“Now that we have separated fact from fiction and established that there simply is no need to split our Supreme Court, why are we doing this?

“Some in this House are holding a grudge against the Supreme Court--a Supreme Court that has been moderate and has often ruled with the majority party, but has from time to time ruled against them--even when personal pleas not to have been made.

“Because some of you have not always gotten your way, you want to send a clear signal to the Supreme Court, ALWAYS rule in the legislature’s favor or face the legislature’s wrath.

“Because some of you have not always gotten your way with the Supreme Court, you want to eradicate the Justices who have ruled against you by ostracizing them.

“Because some of you have not always gotten your way with the Supreme Court, you want to create and stack a civil division with Republican appointees.

“I urge those of you in the Republican Party, don’t be vindictive, don’t abuse the power that each of your constituents entrusted in you, don’t be tyrannical.  Don’t allow the heavy handedness force you to push a green button that you otherwise would not.  As I ask each of you in the Republican Party to tread lightly, I will close by challenging each of you to follow the sage advice of Voltaire: “Dare to think for yourself!”

Rep. Jim Waldman (D-Coconut Creed) delivered these remarks on the floor of the House:

“This quite simply is an immature, ill-advised and arrogant attempt by leadership to pack the Supreme Court. It is neither bold nor innovative, and it is not well conceived. It is an assault on our constitution!

“It is fraught with dangers and will irreparably harm this state and its citizens for the next several decades.

“No study has found that this action is warranted. And no one but leadership is clamoring for its passage. It will cost the state more money at a time when we have less. The claim that it will result in fewer cases and less litigation is pure folly and unsupported by any facts.

“This action would be wrong no matter what party proposed it. No one party should be in total control of all divisions of government. This is leadership’s attempt for the Republican Party to occupy not only the Governor’s Mansion, the House and Senate, but also the judiciary.

“Ironically, yesterday we celebrated the brave actions of Cubans at the Bay of Pigs who fought this type of government takeover. Today, we have an opportunity to stand with our Cuban brethren and say `No.’ If this action is warranted, show us the proof! Don’t just give us rhetoric.”