"The Florida Supreme Court is being asked to avoid a potential "constitutional crisis" and affirm that Gov. Rick Scott does not have the authority to appoint judges whose term expires on the same day he leaves office in 2019.
The request came in the form of a quo warranto petition filed late
Wednesday by the Florida League of Women Voters and Common Cause which
argues that governor cannot appoint the successors of three Florida
Supreme Court justices who will be retiring on the same day he is out of
office because the justice's terms "run through the last second of the
evening of Jan. 8, 2019."
Under current law, the governor is not allowed to make an appointment
to the Florida Supreme Court, or the state courts of appeal, unless
there is a vacancy. Justices R. Fred Lewis, Barbara Pariente and Peggy Quince
are scheduled to retire because they have reached the mandatory
retirement age of 70 on Jan. 8, 2019 -- the same day a new govennor will
be sworn in the replace Scott."
http://miamiherald.typepad.com/nakedpolitics/2017/06/league-petitions-supreme-court-warns-of-constitutional-crisis-prompted-by-rick-scotts-midnight-appoi.html
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