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Florida Supreme Court rules against Scott, finds he violated separation of powers

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Scurrilous Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:02 PM
Original message
Florida Supreme Court rules against Scott, finds he violated separation of powers
Source: Palm Beach Post

<snip>

"Gov. Rick Scott overstepped his authority and violated the separation of powers by freezing state agency rulemaking, the Florida Supreme Court ruled today.

Shortly after he was sworn in as governor on Jan. 4, Scott suspended agency rulemaking and required the proposed rules be vetted by his office. He later created the “Office of Fiscal Accountability and Regulatory Reform” to review the rules, saying he wanted to make sure they did not slow down government, create barriers for businesses or cost taxpayers money.

But in a 5-2 ruling, the court found that Scott’s executive orders “infringe upon the very process of rulemaking and encroach upon the Legislature‘s delegation of its rulemaking power as set forth in the Florida Statutes.”

<snip>

"Rosalie Whiley, a blind woman who receives food stamps, filed the lawsuit against Scott and was later joined by opponents of Scott’s new procedure, including Audubon of Florida.

Tuesday’s ruling is the first final decision in at least half-a-dozen lawsuits filed against Scott since he took office eight months ago."

Read more: http://www.postonpolitics.com/2011/08/florida-supreme-court-rules-against-scott-finds-he-violated-separation-of-powers/
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livetohike Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:04 PM
Response to Original message
1. Maybe Scott will quit like Palin did, once all these lawsuits
are filed/decided :-).
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DirkGently Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:15 PM
Response to Reply #1
2. That is a GREAT idea. Governor, are you listening?
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seafan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:28 PM
Response to Original message
3. Just now saw this. Great news, Scurrilous.
Here is more from the St. Pete Times:


Florida Supreme Court rules against Gov. Rick Scott in rule-making case

August 16, 2011


TALLAHASSEE — The Florida Supreme Court ruled that Gov. Rick Scott "overstepped his constitutional authority and violated the separation of powers" with an executive order freezing all rules until he could approve them.

.....

Scott's attorney, Charles Trippe, argued that the "supreme executive power" granted the governor by the state Constitution is among the reasons he has final say over rules developed by state agencies under his control to implement laws passed by the Legislature.

The court, though, rejected that argument, saying such a reading of the phrase supreme executive power "ignores the fundamental principle that our state constitution is a limitation upon, rather than a grant of, power."

.....

Instead, the justices concluded that the executive order "will not be enforced against an agency" until the Florida Legislature hands over the rule-making authority to the governor.

.....




In the 5-2 opinion, the dissenters were Chief Justice Charles Canady and Justice Ricky Polston. Too bad, Jeb.


And too bad for the Gollum King.


Oh, and now, we will be hearing the frothy outrage soon from House Speaker Dean Cannon, who has been trying to dismantle the Florida Supreme Court.


Waiting for it now.





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Jester Messiah Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:57 PM
Response to Reply #3
12. Why wait? You've heard this song before, sing it with me now...
Activist judges herp-de-derp E-I-E-I-O.
Legislating from the bench, E-I-E-I-O.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 01:34 PM
Response to Reply #3
14. St. Petersburg Times is a cool guy.
He trolls Scientology and the Governor and doesn't afraid of anything
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valerief Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:30 PM
Response to Original message
4. So he'll be getting a strongly worded letter now?
Edited on Tue Aug-16-11 12:32 PM by valerief
Is ignoring the law the same as breaking it?????

“Today, the Florida Supreme Court found that Governor Rick Scott – once again – ignored the law by exceeding his authority and overstepping the Florida Constitution in a continued effort to promote his Tea Party agenda. This is the kind of disregard for the law, and the people of Florida, that we have come to expect from this Governor and Republican Legislature,” Florida Democratic Party executive director Scott Arcenaux said in a statement.
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russspeakeasy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:31 PM
Response to Original message
5. I won't be happy until this asshat goes to jail where he belongs.
:argh:
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valerief Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:33 PM
Response to Reply #5
6. You, me, and 300 million others. nt
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florida08 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:57 PM
Response to Reply #6
11. `
:thumbsup:
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EC Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:39 PM
Response to Original message
7. Scott Walker did this too.
So I hope the Dem party here is paying attention to this ruling.
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SteveM Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:48 PM
Response to Original message
8. Considering the FL Supreme Court, this is impressive. nt
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avebury Donating Member (455 posts) Send PM | Profile | Ignore Tue Aug-16-11 12:53 PM
Response to Original message
9. K&R
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florida08 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 12:56 PM
Response to Original message
10. but they haven't lifted the order as yet
Whiley wanted the executive order lifted.

The court, though, declined to grant that request.

Instead, the justices concluded that the executive order "will not be enforced against an agency" until the Florida Legislature hands over the rule-making authority to the governor.


5 4 3 2 ..
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lark Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 01:19 PM
Response to Original message
13. Whoohoo!!!
I hope the Supreme Court gives the folks of Fl more gifts like this!

God, how I loathe that cretin and everything he's done to keep FL firmly at the bottom of the economic pile.
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saras Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-11 02:05 PM
Response to Original message
15. There's stupid and then there's STUPID
"saying he wanted to make sure they did not slow down government, create barriers for businesses or cost taxpayers money."

Which are three of the PRIMARY PURPOSES of both REGULATION and GOVERNMENT.

It is profoundly important that government moves slowly enough that citizen input can be integrated into government actions.

All regulation of business "creates barriers" - that's what regulation IS. It is us, the citizenry, saying "no, that is too harmful for us to allow you to do it. Your profit is not sufficient excuse."

And again, what government IS and what it DOES - is to take money from the population to pay for things they want that work better if done collectively, like defense, transportation, etc. We pay taxes, and the government spends them on our behalf. That's what's supposed to happen.
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RhodaA Donating Member (177 posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Original message
16. Florida Supreme Court smacks down Rick Scott power grab
Source: Daily Kos

Florida Supreme Court smacks down Rick Scott power grab

by webacknow at Daily Kos

"The Florida Supreme Court, demonstrating fearlessness and commitment to the constitution even though the members know they will be attacked in the next election, have invalidated Rick Scott's attempted power grab. They have ruled that the Florida Constitutional principle of separation of powers prohibits Scott from issuing executive orders requiring independent agency heads to suspend all rulemaking and to pass all proposed rules through his office before submitting them for public comment."

More:
http://www.dailykos.com/story/2011/08/16/1007610/-Florida-Supreme-Court-smacks-down-Rick-Scott-power-grab?via=siderec

FL Sup. Court Ruling:
http://www.floridasupremecourt.org/decisions/2011/sc11-592.pdf


Read more: http://www.dailykos.com/story/2011/08/16/1007610/-Florida-Supreme-Court-smacks-down-Rick-Scott-power-grab?via=siderec
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RhodaA Donating Member (177 posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #16
17. PS: Too bad they don't have opportunity in FL for recalls
His approvals are lowest of all Govs. in the U.S.
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onethatcares Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #16
18. good going supreme court of Florida
with every other thing going on in this state I am glad they decided to do this.

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RhodaA Donating Member (177 posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #18
19. He's also been stopped from implementing his drug-testing
program (not sure of all the details), at least temporarily. But that's it ... Too bad voters gave power to the little sergeant. "Will they ever learn?"
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KaryninMiami Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #19
20. Voter turnout was a big part of the problem
Between the lousy turnout, a weak and not especially enticing Democratic candidate (Alex Sink) who ran a terrible campaign and the electronic voting machine skimming, he got in with a narrow margin. He's a disgusting, nightmare of a human being- no idea why a recall isn't in process. I have a feeling it's not something possible in this state without some type of criminal action (which coincidently, Governor Scott has already done but he plead the 5th and instead of going to jail where he belongs, he's now our governor.

Sometimes I wonder why the hell I still love here. But whenever January arrives, I remember. But trust me- having spent the first half of my life in blue states, it was indeed an adjustment.

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demosincebirth Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #20
25. Voter turn out is always a problem for democrats. Many of those who bitch the most...
are usually the ones who don't show up on election day. I know of one.
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #20
26. There is no provision in the State Constitution for recalling a Governor
Nice.

On further research, only 18 states allow recal of the Governor. Florida is making an attempt to change that process, and a ballot initiative to change our constitution is in the signature gathering stage. We need 677,000 signatires by Feb 2012.
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Bronco Bob Donating Member (24 posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #16
21. By now, Floridans should be tired of Rick Scott and the Republicans in general
and they'll get their asses booted out in a short order.

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McCamy Taylor Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #16
22. He'll take it to the SCOTUS and they will overturn it.
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Firebrand Gary Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #22
24. That would be really bad for Jeb Bush.
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Firebrand Gary Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #16
23. The truth is, the Republican party is the party of BIG GOVERNMENT.
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Dappleganger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 11:05 AM
Response to Reply #23
34. That, my friend, is a topic worthy of its own thread.
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Lint Head Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #16
27. So Rick Scott, the Medicare Fraud criminal, finally is treated the way he should be.
Scott should be in damn jail. He is one of the reasons right wing nut jobs say Medicare has problems. It's the fraud and he is a fraudster of the worst kind. He got away will millions just like GWB got away with murder.
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Mosaic Donating Member (851 posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #16
28. This criminal is one of the worst
He ranks up there with bush, cheney, rumsfeld, hitler, stalin, and all the other scumbags burning in hell.
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DeSwiss Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #16
29. Scott's office issued an edict stating......
...AAARRRRGGGGGHHHHHHHHHH!!!!!!!!!


Before the ruling. - After the ruling.


- Some people just aren't cutout for politics.....


K&R
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orbitalman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 04:00 AM
Response to Reply #16
30. Good, whatever negates Scott ! n/t
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greiner3 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 09:16 AM
Response to Original message
31. Scott has issues;
The least of which is Borderline Personality Disorder. He is manipulative and has no problem with a lack of people liking him. He does what he wants and to hell with anybody else.
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Dappleganger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 10:57 AM
Response to Original message
32. King Scott is headed for a coup...
I for one cannot wait for him to be kicked out of office!!
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Akoto Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-17-11 11:01 AM
Response to Original message
33. Here's hoping his attempt to destroy our state's Medicaid can be prevented, too. n/t
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