News : POLITICO Florida Playbook: Florida’s Supreme Court moment

Friday, March 18, 2022

POLITICO Florida Playbook: Florida’s Supreme Court moment

Mar 18, 2022

Happy Friday.

SCOTUS WATCH — Judge Ketanji Brown Jackson may be a hometown hero, but don't expect Florida's Republican senators to support her confirmation to the high court.

Earlier this week, Sen. Marco Rubio met with Jackson ahead of her confirmation hearings next week and signaled afterwards that he'll likely vote against her nomination. Rubio said his conversation with her "did nothing to ease my concerns that we have starkly different understandings of the Constitution and the role of the Supreme Court." That comes after Sen. Rick Scott met with President Joe Biden's nominee on March 8 and told the Miami Herald that he's "looking at her background" while declining to commit one way or the other.

No GOP needed — Few expect Rubio or Scott to back the 51-year-old federal judge, and Democrats in the Senate don't need their support to confirm Jackson, who would be the first Black woman to serve as a justice in the Supreme Court's 233-year history. Senate Republicans have made clear that they will oppose her, which also places some in a tricky position of rejecting the historic nature of her nomination while holding firm to the party line. The stakes for her confirmation are also somewhat lower since the high court's makeup — a 6-3 majority of Republican-appointed justices — won't change if Jackson is seated.

Why Florida? — But Jackson's nomination still highlights Florida's role in the nomination as well as the Supreme Court overall, including upcoming decisions that will affect the Sunshine State. Jackson was raised in South Florida and attended Miami Palmetto High School before graduating from Harvard University and later its law school. Her father was an attorney for the Miami-Dade school district and her mother was principal of the New World School of the Arts, a magnet school in Miami. Many Florida elected officials and those in the legal community heralded Jackson's nomination, including a well-known organization of Cuban American attorneys in Florida.

Beyond Jackson — There is Supreme Court action linked to the state beyond Jackson's nomination. Florida's Legislature recently passed a controversial law banning abortions after 15 weeks without exemptions for victims of rape, incest and human trafficking. Florida's bill is based in part on a similar abortion law in Mississippi. The Supreme Court is set to rule on the Mississippi law, but during a hearing in December the justices indicated they could likely uphold the ban. The high court is expected to rule on the case over the summer.

And of course, DeSantis — As POLITICO's Gary Fineout and Matt Dixon previously reported, Gov. Ron DeSantis also has a connection to the Supreme Court in Justice Clarence Thomas. Thomas' wife Ginni, who has long been active in conservative circles, worked with the governor's team to setup a talk between DeSantis and organizations like Judicial Watch, a conservative legal group. Ginni Thomas also implied in emails that her husband has "been in contact with [DeSantis] too on various things of late."

I'm David Kihara, senior editor at POLITICO, who is filling in for Gary Fineout.

— WHERE'S RON? Gov. DeSantis has a press conference in Fort Myers at 9 a.m.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com

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ALL APOLOGIES — "Garcia apologizes after 'gay is not permanent' comment," by POLITICO's Matt Dixon: Sen. Ileana Garcia apologized on Thursday after she made controversial remarks, including that being "gay is not a permanent thing," when debating Florida's controversial bill that bans educators from leading classroom discussions of sexual orientation or gender identity in kindergarten through third grade. It's the latest issue for Garcia, a first-term Miami Republican, who in January also angered Black lawmakers by saying people should "move on" from racism because President Barack Obama was elected twice, and was accused of victim-blaming after saying in committee that women whose sexually explicit images end up on the internet without their consent are, in part, responsible because women sometimes "expose too much."

HIGHER ED — "University presidential searches heat up as secrecy law kicks in," by News Service of Florida's Ryan Dailey: "Searches for new presidents at state universities are ramping up after Gov. Ron DeSantis signed a bill that will keep secret the names and other information about applicants for the top jobs at colleges and universities. DeSantis this week signed the measure, which went into effect immediately. It came as five universities — the University of Florida, the University of South Florida, Florida International University, the University of North Florida and Florida Gulf Coast University — are in various stages of finding new leaders."

SMOKE 'EM IF YOU GOT 'EM — "Florida Supreme Court rules in favor of tobacco company in smoker's lawsuit," by News Service of Florida's Jim Saunders: "In what a dissenting justice called a 'fundamental shift,' the Florida Supreme Court on Thursday issued a ruling that likely will make it harder for many plaintiffs suing tobacco companies about smoking-related illnesses. The 6-1 ruling dealt with plaintiffs in a large group of cases — known as 'Engle progeny' cases — and claims that tobacco companies fraudulently concealed or conspired to conceal information about the health effects and addictiveness of smoking. Siding with R.J. Reynolds Tobacco Co., the Supreme Court said plaintiffs must show that smokers relied on misleading information from cigarette makers to prevail on the claims."

DEPARTURE LOUNGE — "GOP state Rep. Plasencia resigns early from Legislature to take new job," by Orlando Sentinel's Steven Lemongello and Jeffrey Schweers: "Republican state Rep. Rene Plasencia of Orlando resigned from the Legislature after the 2022 session ended this week, saying he needed to leave early because of a new job. He said Thursday he is joining IBM as a lead accounts partner. The company's legal counsel had told him he couldn't do any work in Florida until he was no longer in the Legislature."

RUSSIA-UKRAINE

TERRIBLE TOLL — "In Ukraine's second city, a furious rain of bombs and rockets takes a toll: 'There are no coffins left,'" by Washington Post's Loveday Morris: "Russian forces have rained down a daily shower of artillery fire, missiles and rockets, which appear to strike at random in civilian neighborhoods in Kharkiv. Officials here said at least 250 civilians have died, but that is not a full toll and countless more lie buried under the rubble. It is a grim bellwether of the trajectory that could be in store for other Ukrainian cities that hold out against Russian forces.

"'It's hell,' said Maxim Chicholik , 41, as he waited outside the morgue to pick the body of his 48-year-old brother, who he said was decapitated and had his arm blown off by shelling as he walked to the store to buy food for his family. His brother's wife and children had just fled the country that day."

TRAGEDY — "An American who traveled to Ukraine for his partner's treatment is killed ," by The New York Times by Megan Specia and Michael Schwirtz: "A 68-year-old American man was killed in a Russian assault on the city of Chernihiv, a city northwest of Kyiv, the local authorities in the city reported on Thursday. The local police said the man, James Whitney Hill, was killed by heavy artillery attacks on unarmed civilians in the city. Hill, who went by the name Jimmy or Jim to friends, and his partner, Ira, who is Ukrainian, had traveled to Chernihiv in December so that she could be treated for multiple sclerosis."

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CORONAVIRUS UPDATES

UH-OH — "Europe's Covid spike has Biden officials concerned, could lead to return of masks ," by POLITICO's Erin Banco, Adam Cancryn and Krista Mahr: "The surge in Covid-19 cases in Europe, particularly in the United Kingdom, is prompting urgent conversations among senior Biden health aides about the potential of the U.S. experiencing another wave this spring, according to three senior officials familiar with the matter. While cases in the U.S. are at an eight-month low, the exponential growth in infections seen in several European countries is the latest evidence that Covid-19 remains a persistent threat that has the potential to upend the White House's hopes of moving past the pandemic. Over the past two years, the U.S. has experienced Covid waves similar to those in Europe — only several weeks later."

— "How fast the omicron variant is spreading around the world," by Washington Post's Dan Keating, Madison Dong and Youjin Shin

LIFE AS WE KNOW IT — " What's our 'new normal' as COVID recedes? The many ways South Floridians are moving on with their lives," by South Florida Sun Sentinel's Cindy Krischer Goodman: "With omicron in retreat, Floridians are figuring out their new boundaries along with what COVID precautions they will permanently adopt and in which situations they still are not comfortable. In an online Sun Sentinel survey, respondents expressed a range of risk tolerance for travel as well as activities such as grocery shopping, indoor dining and attending business meetings without a mask."

STALLING OUT — " Dems search for next steps on Covid aid as headaches pile up," by POLITICO's Sarah Ferris, Marianne LeVine and Adam Cancryn: "After two top Biden administration health officials pleaded with Democrats on Thursday to approve more coronavirus aid funding, Speaker Nancy Pelosi apologized to them in front of her caucus for having to ask at all … Pelosi's remarks in the closed-door Democratic meeting, relayed by multiple people in the room, reflect a growing frustration among party leaders about the difficult path forward for the $15 billion pandemic assistance measure. Pelosi, along with Senate Majority Leader Chuck Schumer and President Joe Biden, are searching for a way to approve that funding after members of her caucus rebelled over how the package would be paid for — specifically, clawing back hundreds of millions in unspent state government aid."

PENINSULA AND BEYOND

JUMPING IN — Democratic state Rep. Joy Goff-Marcil is announcing a run today for Senate District 10, adding in a statement that she has the backing of Senate Victory. "The people of Central Florida deserve to be represented by someone who will fight for the things that matter to everyday people in our community: good paying jobs, expanding access to health care, fully funding public schools, affordable workforce housing, and protecting and preserving our natural resources for generations to come," she said. GOP state Sen. Jason Brodeur is also running for the seat, which includes parts of Orange County and Seminole.

EXIT INTERVIEW — Retiring Florida Rep. Stephanie Murphy also gives our colleagues on D.C. Playbook an interview as she retires from Congress, unloading a bit on her fellow Democrats.

Rep. Stephanie Murphy (D-Fla.) is pictured. | Getty Images

Rep. Stephanie Murphy (D-FL) speaks as members of Congress share their recollections on the first anniversary of the attack on the U.S. Capitol on January 06, 2022 in the Cannon House Office Building in Washington, D.C. | Mandel Ngan-Pool/Getty Images

FLEEING — "16 Cuban migrants, including children, arrive in the Keys. Latest in surge of landings," By Miami Herald's David Goodhue: "A group of 16 Cuban migrants, including two children, arrived in the Lower Florida Keys Thursday morning, according to the U.S. Border Patrol. The children were accompanied by adults, Agent Adam Hoffner, Miami division chief of U.S. Customs and Border Protection, said in an email. The group arrived on Summerland Key, about 17 miles north of Key West, in a small commercial fishing vessel called the Anna Celia, Hoffner said."

HAITI ACCOUNTABILITY — " A new spending bill approved by Biden also has language on Haiti policy," by Miami Herald's Jacqueline Charles: "A massive spending bill signed by President Joe Biden on Tuesday to fund the federal government and provide $13.6 billion to address Russia's invasion of Ukraine also includes language on accountability on Haiti and modification to U.S. policy toward the crisis-wracked Caribbean nation. Tucked inside the omnibus spending bill's 2,741-pages are reporting requirements for the State Department to brief congressional lawmakers on everything from Haiti's ongoing governance crisis and individuals involved in acts of corruption to the events surrounding the 2018 massacre in Port-au-Prince's La Saline neighborhood, to a status report on the ongoing investigation into the assassination of President Jovenel Moïse."

SCHOOL VIOLATIONS — "Broward schools dinged for safety lapses in state audit," By POLITICO's Andrew Atterbury: "Broward County, the scene of the tragic Parkland high school shooting four years ago, this week was flagged for several school safety violations by state auditors, including disciplinary incidents involving campus safety officers that the state was kept in the dark about for weeks. School officials told auditors that the issues have been corrected, yet the new report shows that school safety and security in Florida continues to be a work in progress, even at ground zero of a grisly shooting that left 17 students and staffers dead."

TOP COP — " Mary O'Connor overcomes arrest as young cop, confirmed as Tampa police chief," by Tampa Bay Times' Tony Marrero: "Mary O'Connor is officially Tampa's police chief, but it was close. A divided City Council voted 4-2 Thursday to confirm O'Connor, a 51-year-old former assistant chief for the department who retired in 2016 and then worked as a law enforcement consultant and trainer."

ODDS, ENDS AND FLORIDA MEN

MARCH SADNESS — "4 Disney employees arrested in Florida human trafficking, child predator sting," by NBC News' Minyvonne Burke: "Four Disney employees were arrested in a massive undercover operation targeting human traffickers, child predators and prostitution. One of the suspects allegedly communicated online and via text with an undercover detective posing as a 14-year-old girl, authorities said. Undercover detectives found the suspects through online sites that identified prostitutes and victims looking for "johns," authorities said. The detectives then communicated with the suspects, arranged to meet them and arrested the suspects at the location."

BIRTHDAYS: Mizell Stewart III, VP News Performance, Talent and Partnerships for Gannett/USA Today Network … Step Up for Students' Ron Matus ... Former Florida Education Association President Andy Ford … (Saturday) Allison North Jones, founder and CEO of North … (Sunday) Aakash Patel, member of Hillsborough Community College Board of Trustees ... Bill Helmich of Helmich Consulting