Florida’s New Year, Constitutional Consistency & The Hair - Top 3 Takeaways

Florida’s New Year, Constitutional Consistency & The Hair - Top 3 Takeaways – July 1st, 2022 

1. Happy New Year! No, I’ve not lost my mind, at least yet. Yes, I know we’re only halfway through the year (though November and subsequently January can’t get here fast enough). But yes, happy new year to you. That’s because today begins Florida’s new fiscal year and along with it most of the new policies passed earlier this year. That includes over 140 new laws that are on the books in our state as of today. That said the day starts with one that was scheduled to take effect but that has at least been held up temporarily, making the most news. Liberal Judge John Cooper’s decision to rule in favor of Planned Parenthood & Co. against the state on Florida’s new 15-week limit on most abortions, has taken center stage. While it remains to be seen whether Cooper’s decision holds upon appeal (it likely won’t) there remains a lesson to be learned by the rational used to at least temporarily hold it up. A 1980 state constitutional amendment which provided an undefined broad right to privacy. What this has to due with abortion is a good question. But in 1989, during a time in which Florida’s Supreme Court was comprised of exclusively Democrat appointed judges, it ruled it did – so here we are. While we await the result of the appeal (in which I’d be surprised if Cooper’s decision isn’t overturned as many of his rulings against the state have been) comes a reminder. A reminder of unintended consequences regarding Florida’s constitutional amendments. Why isn’t the Seminole Compact with sports betting which was signed into law by Governor DeSantis last year and approved by nearly 70% of Floridians in force today? Unintended consequences from a Constitutional Amendment most voters didn’t understand. It’s the same reason Florida’s 15-week limit on most abortions approved of by most Floridians isn’t either. There’s a time and place for constitutional amendments and there’s a time and place for legislation. In Florida we’ve been a bit carried away with attempting to legislate through constitutional amendments which have been led by interest groups with their own agendas carrying a myriad of unintended consequences. We need to be mindful. This year there are only three proposed amendments which have made our ballots – which I’ll cover in my usual Florida Amendment Series. Speaking of constitutional matters... 
2. Intellectual consistency. Do I think the remain in Mexico policy is the best policy? Yes. Am I glad the Supreme Court ruled in favor of the Biden administration's decision striking it down? Yes. It’s a matter of intellectual consistency. And even more importantly constitutional consistency. President Trump created the remain in Mexico policy through executive action. Therefore, President Biden should be able to rescind it through executive order. It’s the right and proper constitutional ruling. The horrible decision and the Biden border crisis generally is very much a case of elections having consequences. But what this also shows is what a sham the 2020 ruling by the US Supreme Court against President Trump’s order ending DACA really was. DACA was created through Obama’s executive order, it should have been rescinded by one as well. It’s also a 5-4 decision that likely would have been decided differently by the current court. For those on the left who hailed the DACA decision, but that also think the decision on remain in Mexico was appropriate- you retain no intellectual honesty and are only interested in getting your way as opposed to upholding constitutional rights. But you have company in Chief Justice Roberts who hasn’t just been intellectually inconsistent but constitutionally inconsistent. But thanks to the composition of the current court his proclivity towards judicial activism is mitigated, and constitutional integrity is further restored. Which is something that new Justice Brown-Jackson has sworn to uphold. I hope that’s true, though I’ll not be holding my breath. There’s no doubt this country benefits from intellectual integrity and constitutional consistency. It’s that constitution which allowed this country to grow into the world’s greatest superpower within 150 years and to survive to see its 246th birthday this weekend. And that takes us to... 
3. The Hair. There are people who are actually excited by the story that Gavin Newsom, best known to Floridians for Covid French Laundry hypocrisy, and his hair (which Kimberly Guilfoyle once told me took longer for him to do than her hair), is running ads in Florida this weekend. You are not that person. So be grateful that’s not what your life has come to and have a wonderful Independence Day weekend (as opposed to the school board member from The Hair’s state who is calling for a boycott of it).