Poisoning The Judiciary

The new inexplicable Republican fever today is the push to repeal three members of the Florida Supreme Court: R. Fred Lewis, Barbara Pariente and Peggy Quince. These justices are guilty of that crime-in-Republican-eyes of existing at all.

Not to say we shouldn't take this seriously, but I have to say this is most likely a matter of Republicans throwing a lot of money uphill. In that sense, I am thrilled! While this plot to poison our courts and give reactionary Gov. Rick Scott the right to pack the bench is certainly insidious and wrong, it is also absolute folly.

First off, let's touch on the real motives. The state GOP officials who endorsed the repeal effort today sourced some insignificant ruling on a death penalty case six years ago, but the deep feelings run further. Most notably, the state Supreme Court was the legal force pushing us to count votes in an election in 2000, and Republicans have never forgiven them.

The irony in both cases, of course, is that conservatives won out in the end and got their way. But never mind that. Any vote against the wishes of conservatives is "judicial activism" so these justices are awful.

The good news? This has been tried before and never, ever worked. Not even in the highly partisan atmosphere post-Bush v. Gore when Lewis and Quince survived a similar repeal effort the next election cycle. Not when pro-life nuts and racists went after Justice Leander Shaw in 1990. Not ever.

To date, in fact, no Florida justice has ever failed a vote for merit retention in the state of Florida. And I don't think an issue as not-sexy as judicial merit retention will draw anyone but the most basal of base voters to turn up at polls. By the way, they are there anyway thanks to their vitriolic and irrational fear of President Obama.

Nevertheless, the Koch brothers funded ads airing on Florida stations today calling for a no vote on merit retention.

Our best response, though, is to just laugh. Yes, I know we should stay vigilant and make sure to keep these voices of rationality on the bench, especially when such reactionary people control the legislative process in Tallahassee. But mocking the billionaires funding this effort helps too.

Consider that this money could be spent on helping Mitt Romney win Florida (and he's losing badly right now). It could fund Connie Mack's efforts to unseat Sen. Bill Nelson (an effort which is going even worse).

No, instead those dollars are being spent to fight judicial activism by vetoing the decision of thoughtful justices through a purely political process. This isn't just hypocrisy on display. It is sweet entertainment dripped with schadenfreude.

This effort is scrupulous and wrong. But it is also bound to fail. To have at it.