Brian Mudd

Brian Mudd

There are two sides to stories and one side to facts. That's Brian's mantra and what drives him to get beyond the headlines with daily stories driven...Read More

 

Unlawful On Its Face


Insert topic here. That could apply to a lot in our society today. President Biden’s border policy – including the violation of the court-ordered remain in Mexico policy. Yep, unlawful on its face. President Biden’s COVID-19 vaccine mandates. Yep, unlawful on its face. But Biden’s lawless executive actions aren’t the source of that specific quote from a recent decisive court decision. That instead is what Florida’s First District Court of Appeal ruled on Friday regarding the state’s recently ratified Congressional map. Specifically, the quote was in response to Judge Layne’s Smith’s original stay of the map and implementation (for about ten minutes) of a Harvard professor’s map. The ruling formalized what was largely already known – that Governor DeSantis’ Congressional map would be the map of record for this fall’s midterm elections. As was stated by the court in response to the suit led by the political interest group Black Voters Matter... The temporary injunction before us on appeal does not just return the parties to the condition that existed before the subject matter at the center of the present controversy arose, i.e., before SB 2-C became law. The order does much more. It gives the appellees affirmative relief by requiring the secretary to conduct the 2022 congressional elections under an entirely new, unenacted plan recently proposed by the appellees during the nascent litigation. In the order, the circuit court even acknowledges that it is crafting a remedy for the appellees until there can be a trial. The grant of this provisional remedy, unmoored from an adjudication, was an unauthorized exercise of judicial discretion, making the temporary injunction unlawful on its face. As far as legal rulings go, that wasn’t just a win for DeSantis and the state – the deciding opinion was the equivalent of a Roman Reigns style WWE Smackdown. I’m still waiting for Florida’s news organizations to report how the state’s map really isn’t racist after all – which of course we know isn’t forthcoming. I’ll not hold my breath, and neither will a quarter of the candidates down ballot running for a seat in the Florida Legislature this fall.

Lady Justice before a flag of Florida

Photo: Getty Images


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