Orlando Sentinel

Governor may be forced to obey law

Maxwell: DeSantis violated state Constituti­on with appointmen­t.

- Scott Maxwell Sentinel Columnist

Earlier this year, Gov. Ron DeSantis announced he was nominating an unqualifie­d judge for the Florida Supreme Court.

And when I say this judge was unqualifie­d, I don’t mean she was unqualifie­d in my opinion. Or unqualifie­d according to some critics.

I mean she was unqualifie­d according to the Florida Constituti­on.

South Florida Circuit Court Judge Renatha Francis literally hadn’t been a state-certified lawyer long enough to legally apply for a seat on the highest court in Florida.

Normally such a thing would be an impediment. But Florida isn’t a normal state.

DeSantis decided the rules didn’t apply to him and nominated Francis anyway.

And the governor’s plans to bulldoze right through the constituti­on he swore to uphold were chugging along until State Rep. Geraldine Thompson, D-Windermere, challenged the appointmen­t — and the Florida Supreme Court ruled Thompson was right.

The conservati­ve court didn’t mince words either, decreeing: “The Governor did exceed his authority in making this appointmen­t.”

Sounds simple enough, right? The governor did wrong. So obviously the court struck down his improper nomination, right?

Well, not quite. While the justices ruled DeSantis hadn’t followed the rules, they weren’t quite sure how or if he should make amends. So, at first, they didn’t order him to do anything.

It was the verdict equivalent of a shrug emoji.

But there was a twist in the

case this week when the Supreme Court gave new life to Thompson’s complaint, asking her to suggest a way for DeSantis to choose a new judge.

Suddenly it looked like DeSantis might have to follow the rules … so he promptly freaked out.

DeSantis staged a press conference Wednesday down in Miramar, where a roomful of South Floridians rallied around their beloved South Florida judge and tried to pressure Thompson to drop her lawsuit.

DeSantis and Francis’ friends didn’t spend much time trying to argue that she met the constituti­onal qualificat­ions to serve. (They couldn’t. She was several months shy of the 10 required years of Florida Bar membership when nominated.)

Instead, they said that Francis, a Jamaican immigrant, had a compelling life story and stressed that she was a devoted mother, a woman of faith and a former small-business owner.

But as much as anything, this crowd of Francis supporters — many of them Black and Democratic — argued that Francis’ unconstitu­tional appointmen­t would bring needed diversity to a court that currently has no Black justices.

Without Francis, there might be no Black justices, they claimed.

That argument sets Thompson’s hair on fire — the suggestion that the only Black applicant suitable for appointmen­t is an unqualifie­d one.

Of course, Thompson wants diversity on the bench. She has been fighting for equality her entire life, and has long championed the appointmen­t of qualified Black justices,

noting many have applied.

The problem appears to be that none of those qualified applicants struck DeSantis’ fancy quite like Francis, who is a member of the Federalist Society — a conservati­ve legal group that DeSantis has frequently turned to for appointmen­ts.

DeSantis wasn’t looking for qualified appointees. He wanted ideologica­l ones.

He has openly said as much, vowing in front of Republican crowds to appoint judges who will rule against Democratic plaintiffs and defendants. (See last year’s piece from Florida Politics: “Ron DeSantis promises new Supreme Court won’t side so often with Democrats.”)

DeSantis has been quite candid about this in the past. Yet on Wednesday, DeSantis asked: “Do we need everything to devolve into party and partisan difference­s?”

You have to wonder if he was talking to himself.

This week, DeSantis tried to recast his partisan

desires as altruistic ones, saying he simply wants judges who believe in “fidelity to the constituti­on.”

The irony was rich; Florida’s governor professing passion for a constituti­on that a court full of conservati­ve judges said he had just violated.

Perhaps sensing that his hypocrisy was showing, DeSantis decided to attack Thompson in more personal ways, claiming she was the hypocrite. Why? Because she was opposing his black nominee after arguing for more diversity on the court.

Keep in mind: DeSantis had multiple opportunit­ies to nominate Black justices before … and took none of them. Yet now he wanted to claim he was the Martin Luther King Jr. of judicial activism and that Thompson — a 71-year-old Black woman who has crusaded for civil rights her whole life — was the enemy of diversity. That takes gall.

For her part, Thompson kept her poise when I spoke to her after DeSantis

had arranged a stage show that basically attempted to brand her as an enemy of Black empowermen­t.

She said Florida is full of qualified Black judges — including several appointed by conservati­ves such as Jeb Bush — who had applied and were ready to serve, noting that DeSantis essentiall­y controls the nominating committee that selects the finalists.

Thompson wasn’t going to indulge DeSantis’ racebaitin­g comments about her. She just wanted him to follow the rules.

Listen, there’s no denying DeSantis gets to pick his Supreme Court justices. And he’s obviously free to select judges with ideals and agendas as conservati­ve as he wants.

The only thing Thompson wants is for him to follow the laws and abide by the constituti­on he took an oath to uphold.

That doesn’t seem like too much to ask.

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 ?? CARLINE JEAN/SOUTH FLORIDA SUN SENTINEL ?? Judge Renatha Francis speaks after being announced by Governor Ron DeSantis as one of two new Florida Supreme Court judges. The governoris trying to push Francis’ appointmen­t through even though she is not qualified according to the state Constituti­on.
CARLINE JEAN/SOUTH FLORIDA SUN SENTINEL Judge Renatha Francis speaks after being announced by Governor Ron DeSantis as one of two new Florida Supreme Court judges. The governoris trying to push Francis’ appointmen­t through even though she is not qualified according to the state Constituti­on.

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