Ron DeSantis and the Constitution Score a Big Win Over the Activist Left and Rule by Random Judge – Opinion

Friday, the US Eleventh Circuit Court of Appeals handed Florida Governor Ron DeSantis a huge victory in the struggle to return sanity and the rule of law to Florida’s elections.

To set the stage, in May 2021, the Florida legislature, as is its right under the US Constitution, passed a sweeping overhaul of Florida’s election laws. The purpose of the new law was to stamp out abuses that had grown up over time and quash new types of abuses invented during the 2020 let’s-crap-our-drawers response to the Wuhan virus.

Democrats and their allies found it very difficult to win elections without cheating, fraud and using the legal system to abuse the process. They filed suit against the law to prevent its implementation. The case was heard by Chief U.S. District Court Judge Mark Walker. Walker is an Obama judge. The significance of that soon became apparent as immediately played the “racism card.”

The 288-page blistering decision by Chief U.S. Circuit Judge Mark Walker ruled that voter restrictions were unlawful and discriminatory. These restrictions included limits on mail-in ballot drop boxes, on the giving of items to voters in waiting lines and on new voter registration requirements.

“At some point, when the Florida Legislature passes law after law disproportionately burdening Black voters, this court can no longer accept that the effect is incidental,” Walker wrote. “Based on the indisputable pattern set out above, this court finds that, in the past 20 years, Florida has repeatedly sought to make voting tougher for Black voters because of their propensity to favor Democratic candidates. In summation, Florida has a horrendous history of racial discrimination in voting.”

The judge’s decision placed a permanent injunction on several parts of the new law, such as restrictions on when drop boxes could be used by local election officials. As part of the order, the judge also put in a preclearance requirement if legislators want to change laws regarding voter registration organizations, drop boxes or so called “line warming” activities with voters waiting to cast ballots at the polls.

By “preclearance requirement,” this Judge Walker declared that if the legislature of Florida wanted to change parts of election law for the next ten years, they had to beg the leave of the courts.

Walker wasn’t content to interfere where there was no reason. He used Florida law as an instrument for attacking Supreme Court doctrine. He states clearly that he feels the Supreme Court is betraying the constitution, granting legislatures the power to make laws.

Even if fleeting, Judge Walker’s decision represents one of the most aggressive legal broadsides against Republicans in the heated voting rights battles that have followed President Donald J. Trump’s defeat in the 2020 election. This ruling comes at a time when Democrats and their allies are pursuing a difficult legal strategy. They rely on federal voter protections that have been reduced by the Supreme Court.

Judge Walker condemned previous Supreme Court decisions regarding voting issues, and in effect challenged the justices for overturning his decision.

“Without explaining itself, the court has allowed its wholly judge-made prudential rule to trump some of our most precious constitutional rights,” the judge wrote.

You can read my reporting on Judge Walker’s silliness here Obama Judge Has Hissy Fit Over Florida’s Election Law. Below is the full text.

Lee by streiff vs. League of Women Voters

Governor Ron DeSantis announced that the state would appeal to the Eleventh Circuit. The opinion was delivered today.

Florida won all issues. The Florida election law as it was passed by the legislature will govern the 2022 elections.

Below is the opinion.

FL Election decision made by Eleventh Circuit, by streiff@redstate. Scribd


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