Thursday, July 20, 2023

DeSantis' endless summer of litigation

Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Jul 20, 2023 View in browser
 
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By Gary Fineout and Kimberly Leonard

Welcome to Thursday. 

Hello, goodbye — A new era starts today with the addition of Kimberly Leonard, who joined POLITICO from Insider on Tuesday and is reporting out of Miami. Gary Fineout will soon be stepping away from this newsletter but will still be part of the POLITICO team in Tallahassee.

Carry That Weight — A seeming never-ending torrent of lawsuits keeps flowing onward for Gov. Ron DeSantis and his Republican allies in the Florida legislature.

Any time at all This week alone has seen three new lawsuits filed, including one filed against new measures dealing with immigration and a sweeping one challenging Florida’s implementation of Amendment 4. That’s the voter-approved citizen initiative that restored voting rights to many convicted felons.

Here, there and everywhere There are at least two dozen legal actions now swirling around in federal and state courts that contend that laws and actions of the 2024 presidential candidate violate constitutional rights, voting laws and citizen-approved standards for redistricting. The legal challenges have ranged from those filed by left-leaning advocacy groups to associations representing tech companies and, of course, Disney. Many of these cases are being defended by a contingent of outside law firms. And the state budget now includes millions to help pay these legal bills.

Get back DeSantis in the past has routinely brushed aside the legal challenges, insisting that he will win in the end (a prediction likely based in part due to the makeup of the state Supreme Court and the federal appeals court in Atlanta). He has suggested that all the legal challenges are merely the last-ditch efforts of the “left” and Democrats eager to derail his agenda.

Ticket to ride But the governor and his team have already seen setbacks in the early rounds of many of these lawsuits and the churn of these legal battles are likely to go on and on and on well into the full brunt of GOP primaries and beyond. Key parts of the much vaunted “Florida Blueprint” have been — or could be — placed into limbo and undercut some of DeSantis’ talking points in the months ahead. The broader question, of course, is how much of DeSantis’ legacy will be intact regardless of what happens on the presidential campaign trail.

— 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: kleonard@politico.com.

 

JOIN 7/26 FOR A TALK ON THE NEW ENERGY ECONOMY: Join POLITICO's lively discussion, "Powering a Clean Energy Economy," on July 26 to explore the effectiveness of consumer-targeted policies to boost sustainability and create clean energy jobs. How are the Inflation Reduction Act's provisions faring? Which strategies truly sway consumer behavior? Hear from featured speaker, Rep. Debbie Dingell (D-Mich.), among other experts. Don't miss this insightful event — register today and be part of the conversation driving America's clean energy future! REGISTER NOW.

 
 
CAMPAIGN MODE

FIRST IN FLORIDA PLAYBOOK — Former Florida Rep. John Quiñones will in the coming days file to run for Florida’s 9th congressional U.S. House seat, currently occupied by Democratic Rep. Darren Soto, Florida Playbook has learned. The district includes Kissimmee and parts of Orlando.

Quiñones was the first Republican of Puerto Rican ancestry elected to the Florida House, where he was in office from 2002 to 2007. He then served on the Osceola County commission. He’ll be the first GOP challenger for the U.S. House seat, which he previously ran for in 2012 but didn’t secure the GOP nomination.

In 2022, POLITICO forecast the district as “likely Democratic,” and Soto won it by 7.2 percentage points, though DeSantis and Sen. Marco Rubio handily won Osceola County that cycle.

DESANTISLAND

‘THIS IS AN EVERYBODY ISSUE’ — Florida and DeSantis blasted over voter eligibility in new federal lawsuit, by POLITICO’s Gary Fineout: The group that pushed to restore voting rights for most convicted felons in Florida is suing Gov. Ron DeSantis and local elections officials, contending that the Republican governor and his allies have put in place a byzantine and at times intimidating scheme designed to block people from voting. Florida Rights Restoration Coalition — along with four Florida residents who had been previously convicted of felonies — filed a federal lawsuit in Miami that asserts the current process surrounding voter eligibility in the nation’s third most populous state is unconstitutional and violates federal voting laws.

JAB — Christie pokes at DeSantis: ‘We don’t make our country better by continuing to rumormonger things, by POLITICO’s Kelly Garrity: Chris Christie criticized fellow GOP presidential hopeful Ron DeSantis on Wednesday for claiming it is 'possible' the FBI or Justice Department could interfere with his campaign. "I don’t know what basis he has to draw that conclusion," the former New Jersey governor said during an interview on CNN on Wednesday evening. "We don’t make our country better by continuing to rumormonger things."

Florida Gov. and Republican presidential candidate Ron DeSantis speaks during a press conference.

Florida Gov. and Republican presidential candidate Ron DeSantis speaks during a press conference in West Columbia, S.C., July 18, 2023. | Sean Rayford/AP Photo

UNSOLICITED ADVICE — “Scott Walker urges Ron DeSantis to start ‘going lean and going bold’ before it’s too late,” by Florida Politics’ A.G. Gancarski: “Even though they had a great second quarter in terms of fundraising — actually, even outpaced the Trump campaign — the fact is they’re burning up a fair amount of that money. … He needs to step out, not just have good performances, but actually kind of light a fire with Primary and caucus voters with some really bold ideas that will not only help him in the polls, but ultimately help him with the fundraising at the lower-dollar level, which is what you need these days to sustain a campaign.”

— ”DeSantis defends Jason Aldean from media attacks: 'Nothing to apologize for,'” by Fox News’ Alexander Hall

AGE CONTRAST — “Ron DeSantis would be the third-youngest president ever,” by WaPo’s Hannah Dormido. Should DeSantis become the GOP nominee for the White House, he could face the oldest U.S. president in history. DeSantis would be 45 on Election Day 2024, while Biden would be just weeks away from his 82nd birthday.

DeSantis, if he wins the presidency, would make history himself. As WaPo notes, the U.S. has never had a Gen X president, and DeSantis — who is trailing in the polls but is still the only candidate consistently in second place to Trump — could be the first.  

Here’s a stunning age-related statistic that stuck with Kimberly, from a NY Mag story a few months back: DeSantis “will be younger than Trump is today during the 2052 presidential election, and younger than Biden is today in 2056.”

— “What reset? Republicans cast doubt on the idea that DeSantis is rebooting his campaign,” by Miami Herald’s Max Greenwood

Florida sued for record related to migrant flights and immigration, by POLITICO’s Gary Fineout

— “Judge refuses to limit drag show ruling to just Hamburger Mary’s,” by Orlando Sentinel’s Austin Fuller

TRUMPLANDIA AND THE SWAMP
 

JOIN 7/27 FOR A TALK ON WOMEN LEADERS IN THE NEW WORKPLACE: In the wake of the pandemic, U.S. lawmakers saw a unique opportunity to address the current childcare system, which has become increasingly unaffordable for millions of Americans, but the initial proposals went nowhere. With the launch of the Congressional Bipartisan Affordable Childcare Caucus in May, there may be a path to make childcare more affordable. Join Women Rule on July 27 to dive into this timely topic and more with featured speakers Rep. Nancy Mace (R-S.C.), Rep. Ro Khanna (D-Calif.) and Reshma Saujani, Founder & CEO of Moms First and Founder of Girls Who Code. REGISTER HERE.

 
 

A ‘PRECARIOUS’ SITUATION — “After fitful starts, Trump Jan. 6 investigations hurdle toward charges,” by The Washington Post’s Patrick Marley, Josh Dawsey, Yvonne Wingett Sanchez and Carol D. Leonnig: “For 2½ years after rioters swarmed the Capitol, criminal investigations into Donald Trump and his allies for attempting to overturn the 2020 election percolated quietly. Now, just as another presidential campaign featuring Trump accelerates toward primary season, the assorted local, state and federal probes are bursting into highly visible action — seemingly all at once.”

— "Potential Trump charges include Civil Rights law used in voting fraud cases," by The New York Times' Maggie Haberman, Adam Goldman, Charlie Savage and Alan Feuer

Judge rejects Trump’s bid to move hush money case to federal court, by POLITICO’s Erica Orden

... DATELINE TALLAHASSEE ...

DESANTIS ACTS AFTER GETTING SUED Gov. Ron DeSantis on Wednesday set special election dates for two vacant legislative seats located in south and central Florida. DeSantis’ decision to finally announce the special elections comes just a few days after he was sued for failing to act promptly on setting a special election date for House District 118.

That seat has been vacant for more than a month after DeSantis appointed former Rep. Juan Fernandez-Barquin to the position of Miami-Dade clerk of the court after the death of the county’s longtime Democratic clerk, Harvey Ruvin.

Former Rep. Fred Hawkins, an ally of DeSantis, stepped down from his seat on June 30 after he was picked to be president of South Florida State College despite having scant higher education experience. Democrats plan to target House District 35 since it was carried by President Joe Biden in 2020.

The primary date for House District 118 will be Oct. 3 and the general election will be on Dec. 5. The primary date for House District 35 will be Nov. 7 and the general election will be on Jan. 16, 2024. That means that residents of House District 35 will not have a seated representative for the first week of the 2024 session of the Florida Legislature. It also means that House District 35 will be vacant for about 200 days.

Florida Democratic Party Chair Nikki Fried contended that Democrats are “going to fight like hell to win” both seats.

“After dragging his feet for a month, the races for House Districts 35 and 118 are finally on,” Fried said in a statement. “While he has delayed the inevitable and abdicated his responsibilities as governor, Florida Democrats have been planning, preparing, and organizing to take back these seats.”

LESSON PLANS — “Florida board OKs Black history standards, rejects concerns about omitting history,” by the Tallahassee Democrat’s Ana Goñi-Lessan: “Opponents say the curriculum leaves out Florida’s role in slavery and the oppression of African Americans, victim blames Black communities and uses outdated language.”

ALSO NOW IN PLACE — Florida targets pronouns, bathrooms in new state rules, by POLITICO’s Andrew Atterbury: Florida’s Board of Education approved several rule changes Wednesday carrying out some of the more controversial laws passed during the 2023 legislative session, including one that opens teachers to state discipline for using a pronoun in front of students that differs from their sex at birth. The policies, each approved unanimously by board members, span the use of pronouns by teachers and students alike and transgender bathroom use in schools, drawing from legislation recently crafted by Florida’s Republican-dominated Legislature.

— “Biting, berating, racist language: Basabe has faced many claims of bad behavior,” by Miami Herald’s Aaron Leibowitz

PENINSULA AND BEYOND

WATCH THIS SPACE — “A labor shortage is holding back Florida's growth. Here's why it could stay that way,” by The Daytona Beach News-Journal’s Clayton Park: “The onset of the COVID-19 pandemic in early 2020 accelerated [the] trend… And last year's back-to-back hurricanes — Ian and Nicole — turned the construction industry's already bad labor shortage in Florida into a situation” that Ron Hetrick, a senior economist with national analytics firm Lightcast, “describes as ‘ludicrous.’”

Could Florida politics drag down Tampa Bay tourism?” by Tampa Bay Times’ Shauna Muckle

— “New College of Florida student pleads not guilty to battery charge against trustee Rufo,” by Sarasota Herald-Tribune’s Steven Walker

— “Ex-owner of South Florida school tied to fake nursing diploma racket will serve 20 months,” by Miami Herald’s Jay Weaver

— “National Hurricane Center tracking Tropical Depression Don, 3 tropical waves,” by the Palm Beach Post’s Cheryl McCloud

— “Federal jury convicts 4 Florida men for selling bleach solution as ‘miracle’ cure for diseases,” by Miami Herald’s Jay Weaver

THE OPINION PAGES

OBSERVATION — There Is No Ron DeSantis 2.0,” by POLITICO’s Jack Schafer: “DeSantis remained true to his own self,” during the CNN interview, giving voters nothing new to latch onto or reasons to defect from Trump, he writes.

His advice to DeSantis: “compose a two-part campaign stump speech, the first half which will praise the Trump presidency and its accomplishment, sounding like an endorsement to most ears, and a second half that hotly damns Trump to perdition for his crimes against the Constitution and the law.”

ODDS, ENDS AND FLORIDA MEN

— “Pinecrest has a peacock problem. This vet hopes to fix it, one vasectomy at a time,” by Miami Herald’s Douglas Hanks: “Pinecrest lined up [Don] Harris to perform hundreds of rapid peafowl vasectomies after the village secured an exemption this week from Miami-Dade County’s strict rules against trapping the large birds. Trappers hired by the village will respond to resident requests for peafowl sterilizations, then ship the birds to a Harris facility for vasectomies under sedation before returning the fowl to the neighborhoods where they were taken. The hope is to slow the growth of a population that’s both beloved by some for its plumage and detested by many for its daily habits.”

BIRTHDAYS: State Sen. Darryl Rouson … 2nd Judicial Circuit Judge Angela C. DempseyWilliam Large, president of Florida Justice Reform Institute

 

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