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What's happening in DeSantistan 2.0

Discussion in 'Too Hot for Swamp Gas' started by gator_lawyer, Jun 9, 2023.

  1. gator_lawyer

    gator_lawyer VIP Member

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    I appreciate that. I do my best to give out honest opinions, even if they are biased by my views. Sometimes, my cynicism is proven wrong (like with Andrew Warren's appeal). Those are good days lol.

    It's possible he might not be reinstated, but I think based on the 11CA opinion, we'll likely see Judge Hinkle rule in his favor. The crucial holding from the 11CA was that DeSantis removing Warren for DeSantis's own political benefit was a First Amendment violation. I think that will make it hard for Judge Hinkle not to rule for Warren.

    On Monique Worrell (the Orlando prosecutor), this would give her an opening to challenge her removal in federal court. Unfortunately, her case is weaker, and it would likely be a futile effort. There will be an election in November for her old job (I believe she's running), and odds are that a federal lawsuit (even one filed this month) would not be resolved before that election. She is currently suing in the Florida Supreme Court, but they're likely going to rule against her.
     
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  2. G8trGr8t

    G8trGr8t Premium Member

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    it seems to a layman that the impetus for the actions all go back to the same anti--woke issues that the judge addressed. DeSantis could legally remove the DA but he did so clearly in pursuit of a political agenda. How is that any different than the Disney, New College and DEI etc issues where decisions are so obviously political in nature and intended to punish or retard opposing positions?
     
  3. gator_lawyer

    gator_lawyer VIP Member

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    It's really not different for Disney. The law in that area is trickier for Disney, but this helps their case.

    It's different for New College because he didn't remove anybody. He appointed board members to open seats pursuant to his authority as Florida Governor. His appointees are the ones wreaking havoc. However, due to academic freedom, courts don't like interfering with decisions made by leadership at universities. (Academic freedom has two faces: institutional and individual. Individual academic freedom protects professors in their teaching and research. Institutional academic freedom protects universities' academic decisions from interference from other governmental institutions, including the judiciary.)

    S.B. 266's restrictions on DEI officers and offices is different because that's government speech. Government speech isn't protected by the First Amendment. Andrew Warren prevailed because the Eleventh Circuit (correctly) ruled that his advocacy was not government speech.
     
  4. G8trGr8t

    G8trGr8t Premium Member

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    edit, he appointed totally unqualified and highly partisan friends to the positions and paid them excessively high salaries. might not matter but it feels comparable to the anti-woke decision making basis
     
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  5. gator_lawyer

    gator_lawyer VIP Member

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    The politics are the same. The harm they're doing is the same. Unfortunately, the law isn't the same. The state of Florida gave him the authority to do that, and the seats were vacant.

    It's scary because he could do that at any public university in Florida, including UF. If DeSantis's time in office has shown anything, it's how poorly situated the law is to address bad actors who don't respect norms. DeSantis's MO is to attack, force the courts to unwind it, and then learn through that unwinding how to attack the next time. Basically, he wants the courts to tell him how to accomplish the same ends, but in a way they can't overturn.
     
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  6. G8trGr8t

    G8trGr8t Premium Member

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    this is what I fear. total rage scorched earth as he gets his head handed to him on a national scale and his lifelong dream, indeed his perceived destiny, is crushed. i hope that the pubs in the senate have gotten tired of being required to lick his boots and unite against his extremism

    DeSantis will be an 'angry duck' when he returns to Florida after the primaries, according to a Democratic lawmaker who's butted heads with the governor (msn.com)

    A former Florida Democratic state lawmaker who has battled with Gov. Ron DeSantis said that the GOP presidential contender will be not merely a lame-duck governor but an "angry duck" upon his return to the state.

    In an interview with The Washington Post, ex-state Rep. Carlos Guillermo Smith predicted that DeSantis — who is currently fighting an uphill battle in the GOP presidential primaries — would return to Florida in a weakened state. "His political clout is severely diminished because of what's happened with his campaign," Guillermo Smith told The Post.

    Still, Guillermo Smith acknowledged that DeSantis, whose political operation has lorded over Florida GOP lawmakers with an iron fist, would have some measure of power in Tallahassee.

    "[H]e still has the veto pen," Guillermo Smith told the newspaper. "So I think rather than facing a lame duck governor, we're going to be dealing with an angry duck who will lash out."
     
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  7. docspor

    docspor GC Hall of Fame

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    in Miami visiting fam. Had dangerous amount of Cuban food for lunch & my wife’s gumbo for dinner, so throwing up in my mouth was ok. Regardless of what you think of Bootsie, we can all agree that this song sucks so hard

     
  8. citygator

    citygator VIP Member

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    Charlotte
  9. BobK89

    BobK89 GC Hall of Fame

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  10. tampagtr

    tampagtr VIP Member

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    All from today’s Times. DeSantis spokesman channels the Southern Manifesto and George Wallace

    DeSantis’ press secretary, Jeremy T. Redfern, called Wednesday’s ruling “an egregious encroachment on state sovereignty.”

    That may be the hook if they go further legally.

    They picked up on the passage that gator_lawyer did


    Judge Newsom wrote in a concurring opinion that the Supreme Court has made clear — “for reasons that cut to the core of our representative democracy” — that elected officials who express political opinions are protected.

    “The First Amendment is an inconvenient thing,” he wrote. “It protects expression that some find wrongheaded, or offensive, or even ridiculous. But for the same reason that the government can’t muzzle so-called ‘conservative’ speech under the guise of preventing on campus ‘harassment,’ the state can’t exercise its coercive power to censor so-called ‘woke’ speech with which it disagrees. What’s good for mine is (whether I like it or not) good for thine.”


    And local attorney gave an opinion on how the suspension could be upheld despite the clear First Amendment violation

    The appeals court specifically directed the lower court to reexamine whether DeSantis would have suspended Warren based on something he did that was not protected by the First Amendment, said Gary Dolgin, a Tampa attorney who has no connection to the case and reviewed the opinion at the request of the Times. That includes Warren’s performance and specifically his policies on bike stops and low-level offenses.

    “My reading of this opinion says that he could potentially only remain suspended if the district court makes a determination that DeSantis would have suspended him solely for these policies,” Dolgin said.
     
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  11. gator_lawyer

    gator_lawyer VIP Member

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  12. ajoseph

    ajoseph Premium Member

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    The timeline all depends in the schedule imposed by the trial court upon remand.
     
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  13. swampbabe

    swampbabe GC Hall of Fame

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  14. gator_lawyer

    gator_lawyer VIP Member

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  15. swampbabe

    swampbabe GC Hall of Fame

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    They don’t even try to hide it. I’m amazed at the stupidity of people that still support that schmuck
     
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  16. G8trGr8t

    G8trGr8t Premium Member

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    i'm amazed that the level of cronyism displayed is legal
     
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  17. BobK89

    BobK89 GC Hall of Fame

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    Can someone ask this guy if he's about "state sovereignty" why the SCOTUS should get involved in the CO GOP primary ballot issue?
     
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  18. tampagtr

    tampagtr VIP Member

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    Awesome point
     
  19. gtr2x

    gtr2x GC Hall of Fame

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    Saw Ricketts on local news the other day presenting this as a good thing for New College (and Rickets' company) and it is being implemented elsewhere also. Didn't realize Ricketts now owned the Cubs. :(
     
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