News: POLITICO Florida Playbook: Florida's first Supreme Court justice

Friday, April 8, 2022

POLITICO Florida Playbook: Florida's first Supreme Court justice

Apr 08, 2022

Good Friday morning.

At the top — Judge Ketanji Brown Jackson was officially confirmed by the U.S. Senate as a justice to the U.S. Supreme Court on Thursday, marking a journey that began in Miami, where her family worked and where she went to school. Jackson becomes the first Black woman to ever serve on the high court, an appointment President Joe Biden promised when he was on the campaign trail. Biden and Jackson are expected to address the public midday on Friday about the confirmation

'Know the name' — Jackson is also the first Supreme Court justice with a connection to the nation's third-largest state and the diverse community of Miami. Rep. Frederica Wilson told the Miami Herald on Thursday that "I personally cannot think of anything more impactful that has happened for Black people in Miami-Dade County. … And I have lived in Miami-Dade County all of my life." The Democratic congresswoman said "I don't think there's anyone alive in Miami who does not know the name Ketanji Brown Jackson. Little children in schools know the name."

Rubio, Scott are no votes — The vote for Jackson was close, but she was confirmed 53-47 when three Republicans joined Democrats to support her appointment. Both of Florida's Republican senators voted no after expressing concerns about Jackson's record and judicial philosophy. Their votes were not a surprise, as both Sens. Marco Rubio and Rick Scott have previously signaled their opposition.

Response — "Judge Jackson's story is inspiring, but we have serious disagreements on the Constitution and the proper role of the Supreme Court," Rubio said in a statement ahead of the vote. "I do not support nominees who believe the job of the Supreme Court is to make policy rather than apply the Constitution as written." Sen. Rick Scott took to the Senate floor on Wednesday and said that "I met with Judge Jackson, and while we had a nice conversation, I cannot vote to confirm someone who I believe will be an activist judge and a rubber-stamp for Joe Biden's radical agenda." Scott criticized her sentencing record while she has been on the bench.

— WHERE'S RON? — Nothing official announced for Gov. DeSantis.

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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DATELINE D.C.

CONFIRMED — "From Miami to the Supreme Court, Jackson makes history as first Black woman justice," by Miami Herald's Bryan Lowry and Jay Weaver: "Ketanji Brown Jackson's legal journey started at her family's dinner table in Miami. It has culminated with a historic appointment to the U.S. Supreme Court. Jackson will succeed Justice Stephen Breyer on the nation's high court after the Senate voted 53 to 47 Thursday to confirm the judge to the lifetime position. Senators gave an enthusiastic standing ovation when Vice President Kamala Harris read out the historic vote result Thursday afternoon. Jackson will be the 116th person to serve on the court. All but seven of the justices who came before her have been white men."

— "What Justice Ketanji Brown Jackson means for the country," by POLITICO's Brakkton Booker

— " From judge to justice in 6 weeks: How Schumer got Jackson confirmed," by POLITICO's Marianne LeVine and Burgess Everett

President Joe Biden holds hands with Judge Ketanji Brown Jackson.

President Joe Biden holds hands with Supreme Court nominee Judge Ketanji Brown Jackson as they watch the Senate vote on her confirmation from the Roosevelt Room of the White House in Washington, Thursday, April 7, 2022. | Susan Walsh/AP Photo

CLOSER LOOK — "Democratic ad exaggerates scope of Rick Scott's proposal on Social Security, Medicare," by PolitiFact's Tom Kertscher: "An 11-point agenda proposed by Sen. Rick Scott, R-Fla., continues to produce fodder for attack ads from Democrats. Scott's plan, which he pitched as a platform for the GOP should the party take back Congress in November, indicated support for raising income taxes on millions of Americans by saying that all Americans should pay some income tax, and half don't. Democrats like Rep. Val Demings teed up the plan to falsely tag Sen. Marco Rubio, R-Fla., as supporting Scott's pitch. Demings is running for Rubio's Senate seat."

— " Carlos Gimenez's bill would terminate COVID mask requirements on planes and trains," by Miami Herald's Bryan Lowry

CAMPAIGN MODE

NO EXCUSES — "Former Alice in Chains music exec quietly starts Florida political committee," by POLITICO's Matt Dixon: What do legendary grunge band Alice in Chains, untraceable political cash and a UPS Store in Washington have in common? Florida politics, or course. Over the past three months, an entity identified only as Embrace Equality has given $85,000 directly to mostly Democratic Florida political candidates and committees and spent another $360,350 to start a Florida-based political committee also called Embrace Equality.

Rooster — Randy Nielsen said Embrace Equality is operated by Nick Terzo, a music industry executive who signed Alice in Chains to Columbia Records in 1989. In a 2021 interview, Terzo said he first discovered the band in Seattle when he was with an organization called The American Society of Composers, Authors and Publishers, and was able to sign them shortly after he was hired by Columbia Records.

Don't Follow — In an email exchange with POLITICO this week, [Terzo] downplayed his new involvement in Florida politics. "It's not all that interesting, don't let your imagination run wild," Terzo said via email when asked about the music industry veteran jumping into Florida politics. "Besides, Florida politics already has plenty of drama and bizarreness."

MERRY-GO-ROUND — " House, Senate incumbents scramble in rejiggered Central Florida districts," by Orlando Sentinel's Steven Lemongello: "The new Florida legislative maps for the state House and Senate create a lot of new opportunities for Democrats to pick up seats in Central Florida, even if a potential Republican wave emerges in November. But for now, incumbents of both parties are playing musical chairs as they're forced to adapt to new counties, move to avoid primaries and deal with the surprises the maps have sprung on them."

CAMPAIGN ROUNDUP — House Majority Leader Steny Hoyer on Thursday endorsed state Rep. Ben Diamond in his campaign for Florida's 13th Congressional District, which has three Democrats in the race. The seat is being vacated by Rep. Charlie Crist, who is running for governor. "As an attorney and state lawmaker, Ben has built a track record of delivering results on behalf of his community," said Hoyer, who said he was friends with the late Rep. Dante Fascell. Fascell was Diamond's grandfather. "In Congress, I know he will continue to advocate for Florida's working families, seniors, and natural resources, just as he has throughout his career."

…. Agriculture Commissioner Nikki Fried's campaign for governor was endorsed Thursday by Her Bold Move, an organization that works to elect women to posts that have only been held by men. Her Bold Move founder and executive director Jordan Zaslow in a letter to Fried stated that "your pledge to fight for reproductive rights, your commitment to paving the way for more women to run for political office, and your passion for economic improvement and justice reformation with the legalization of marijuana makes you a candidate that will represent your state well." ... Mara Strobel-Lanka announced on Twitter on Thursday that she is the new communications director for state Sen. Annette Taddeo's campaign for governor.

... DATELINE TALLAHASSEE ...

DISNEY LIKELY ON THIS LIST — "The DeSantis administration has started sending more than $600 million to Florida's biggest corporations," by Seeking Rents Jason Garcia: "Gov. Ron DeSantis' administration has begun sending out more than $600 million to Florida's biggest and most profitable corporations. The Florida Department of Revenue said Thursday that the agency has begun distributing what will ultimately total nearly $625 million in corporate tax refunds — thanks to legislation DeSantis signed in 2019 (HB 7127)."

VETO WATCH — Here's a number to keep an eye on: five. That's the total number of bills that Gov. Ron DeSantis vetoed each year following the regular legislative session. So the question is whether he follows the same pattern in 2022. DeSantis has already used his veto pen once this year when he shot down the congressional map approved by the Legislature. Will he veto an additional four bills over the next few weeks?

Is third time the charm? — One bill that has the potential to be vetoed is legislation that alters Florida's alimony laws, SB 1796. Twice now, previous versions were vetoed by then-Gov. Rick Scott. This week several organizations, including Christian Family Coalition Florida and Heritage Action, wrote letters to DeSantis urging him to sign the bill into law. But the Family Law Section of the Florida Bar has called on the governor to the veto the legislation that would end permanent alimony and creates a presumption that equal time-sharing is in the best interests of the child.

— "Florida pulling plug on poorly performing specialty license plate," by Orlando Sentinel's Richard Tribou

— " Economists blast Florida sales tax holidays as gimmick with little benefit," by Orlando Sentinel's Jeffrey Schweers

— "Trial lawyers defend U.S. judge against attacks by DeSantis, legislative leaders ," by Florida Phoenix's Michael Moline

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MAPMAKER, MAPMAKER

WEIGHING IN — "Election officials want Florida's congressional lines in place before end of April," by Florida Politics' Jacob Ogles: "Election supervisors say Florida already passed the point of 'ample time' to implement a congressional map. One wants cartography locked before April 29, within a week of the scheduled close of a Special Session on reapportionment. Courts should give the Republican-controlled Florida Legislature and Gov. Ron DeSantis one more shot at producing a map, say plaintiffs in a federal case. But judges should be prepared to impose a map of their own choosing before the end of the month if elected officials can't get their act together."

TRUMPLANDIA AND THE SWAMP

ESCALATION — "N.Y. attorney general seeks to hold Trump in contempt," by The New York Times' Jonah E. Bromwich and William K. Rashbaum: "The New York State attorney general, Letitia James, filed a motion on Thursday asking a judge to hold Donald J. Trump in contempt for failing to turn over documents in her civil investigation into his business activities. The request by lawyers in Ms. James's office, which was filed in New York State Supreme Court in Manhattan, said that the former president had declined to turn over documents that the attorney general had sought in eight requests. The filing also asked the judge to fine Mr. Trump $10,000 a day until he turns over the materials."

Response — "In a statement Thursday evening, Mr. Trump criticized the investigation as a 'witch hunt' being used by Ms. James for political gain. He described the investigation and others before it as 'an attempt to silence a President who is leading in every single poll.'"

'IN A MINUTE' — " Trump says Secret Service blocked him from joining Jan. 6 march to Capitol," by POLITICO's Samuel Benson: Former President Donald Trump said Wednesday that the U.S. Secret Service blocked him from making good on his pledge to join supporters marching on Jan. 6, 2021, from the White House to the Capitol ahead of that day's deadly riot. The former president told The Washington Post that the "Secret Service said I couldn't go. I would have gone there in a minute."

SPOTTED: Carlos Trujillo, a former Florida legislator and former U.S. ambassador to the Organization of American States, met with Donald Trump and former Argentine President Mauricio Macri at Mar-a-Lago on Thursday. Pic

RUSSIA-UKRAINE

'BELIEF IN FREEDOM' — "Ukraine outreach: Miami Beach and Miami move to make Odessa a 'sister city,'" by Miami Herald's Martin Vassolo: "Days after Odessa was rocked by Russian missiles, its mayor met virtually with the mayors of Miami Beach and Miami to discuss a 'sister city' partnership they hope will bring humanitarian aid to the Ukrainian port city and create long-term diplomatic relations. Odessa Mayor Gennadiy Trukhanov, dressed in military fatigues and surrounded by his staff, held a video call Wednesday morning with Miami Beach Mayor Dan Gelber and Miami Mayor Francis Suarez. 'In this difficult time during the war it's very essential for us to know the world is supporting us,' he said through a translator."

...HURRICANE HOLE...

GO AWAY — "Latest 2022 hurricane forecast: 19 named systems, 9 hurricanes, 4 major storms," by Tampa Bay Times' Josh Fiallo: "The Atlantic Ocean's active stretch of above-normal hurricane seasons appears poised to continue. A hurricane forecast released Thursday by Colorado State University projects the Atlantic will churn out 19 named storms, nine hurricanes and four major storms this year. The 30-year average, by comparison, is 14 named storms, seven hurricanes and three major storms. The forecast is slightly more active than that of AccuWeather, which projected last week that this summer and fall will produce six to eight hurricanes."

PENINSULA AND BEYOND

'WE HAVE NOT YET LEARNED THE LESSON' — "Ben Ferencz, last surviving Nuremberg Trials prosecutor, receives Governor's Medal of Freedom," by Sun Sentinel's Brooke Baitinger: "A 103-year-old South Florida man who fought Nazi atrocities as a Nuremberg prosecutor is now the recipient of the Governor's Medal of Freedom. On Thursday, Florida Gov. Ron DeSantis awarded Benjamin Ferencz with the medal."

Call to action — "Ferencz spoke passionately about abolishing war as he accepted his award Thursday, calling specific attention to the war in Ukraine. He referenced the evils that had taken place under the Nazi regime and recited a passage from his closing statement from the Nuremberg Trials. 'My hope was that we could create a more humane and peaceful world where no one would be killed or persecuted because of his race or religion or political belief,' he said. 'We see it still happening today, people running with their infant children, hospitals being bombed, and we have not yet learned the lesson from Nuremberg despite the fact that we laid it out clear.'"

GENTLE GIANTS — "Florida manatee feeding plan ends, starvation still an issue," by The Associated Press' Curt Anderson: "The unprecedented, experimental program to feed starving manatees in Florida is ending, but the greater issue is the polluted water that causes the marine mammals to run out of their natural seagrass forage. Wildlife officials said Thursday that more than 202,000 pounds of lettuce has been fed to manatees at a power plant on Florida's east coast where the animals gather in cold months because of the warm water discharge. Most of the cost was through donations from around the world."

BIG CHECK — " BayCare pays $20 million for improperly boosting Medicaid payments," by Tampa Bay Times' Christopher O'Donnell: "BayCare has agreed to pay a $20 million settlement to the federal government to resolve allegations that it violated federal law to boost its share of Medicaid funding. The Tampa Bay hospital chain made donations to the Juvenile Welfare Board of Pinellas County from October 2013 to September 2015. That was funneled to the state Agency for Healthcare Administration for Florida's Medicaid program, according to the U.S. Department of Justice. The bulk of those funds were then paid back to BayCare for treating patients covered by Medicaid. Since the funds were classified as donations, the federal government was required to make matching payments — which also went to BayCare."

— "Florida jobless claims remain low as DeSantis warns about inflation," by News Service of Florida

ODDS, ENDS AND FLORIDA MEN

— "UCF students unearth spear points up to 6,000 years old at Cape Canaveral SFS," by Florida Today's Rick Neale: "Swarming across an archaeological pit, University of Central Florida students wielding hand tools are carefully unearthing a long-hidden Ais Native American gathering place near the Banana River — where prehistoric stone spear points date back to 6,000 years old. 'We've found lots of these shell clusters that were in these very centralized kind of pockets, that almost look like (they) would have been maybe an eating area,' said Amanda Groff, UCF senior lecturer of anthropology, standing at the dig site at Cape Canaveral Space Force Station. 'And they were tossing the shells. They were shucking out the good meat in the middle of the shell, and then tossing them onto the side,' Groff said."

BIRTHDAYS: Former Chief Financial Officer Jeff Atwater …. Elizabeth Hirst, associate vice president for university relations at Florida State University … (Saturday) MSNBC host and former Rep. Joe Scarborough … Erik Kirk , senior vice president with Poole McKinley … Florida Phoenix's Michael Moline … (Sunday) Former state Rep. Will Kendrick … Jose Gonzalez, director of government and industry relations at Walt Disney Parks & Resorts