The Florida Supreme Court, demonstrating fearlessness and commitment to the constitution even though the members know they will be attacked in the next election, have invalidated Rick Scott's attempted power grab. They have ruled that the Florida Constitutional principle of separation of powers prohibits Scott from issuing executive orders requiring independent agency heads to suspend all rulemaking and to pass all proposed rules through his office before submitting them for public comment.
[http://www.floridasupremecourt.org/...]
Ruling in favor of a blind food stamp recipient, the Court said she had standing as a citizen and taxpayer to challenge the executive order, and that:
The separation of powers doctrine is founded on mutual respect of each of the three branches for the constitutional prerogatives and powers of the other branches. Just as we would object to the intrusion of the executive or legislative branches into this Court‘s authority to promulgate rules of court procedures or to discipline parties before the courts as in contempt proceedings, we must be equally careful to respect the constitutional authority of the other branches.
The independent agencies, under Florida law, carry out rulemaking delegated to them by the legislature. By usurping that power, Scott violated the separation of powers doctrine.
Bravo to the justices of the Florida Supreme Court for standing up for the constitution. Three of them are up for retention vote in the next election. This opinion shows that, despite the threats to their independence, they are not intimidated and will do their job.
3:12 PM PT: Thanks to commenter davidkc for this link to the St. Pete Times story [http://www.tampabay.com/...]