A bill introduced by Florida Sen. Keith Perry on Tuesday proposes a new check on federal courts.
Perry’s memorial bill, SM 1106, would suggest to U.S. Congress a new constitutional amendment allowing Congress to void U.S. Supreme Court and federal courts of appeals decisions with a 60-percent majority. Perry, who lives in Gainesville, is a Republican senator who represents the newly formed District 8, which includes Alachua County, Putnam County and parts of Marion County.
Perry said his proposal would provide an additional check on the U.S. judicial branch. The bill states that judges include their own political leanings in the decisions they make.
“The judicial branch of the federal government has taken on an increasingly activist role aimed at molding legislation according to the political beliefs of its members,” the bill reads.
Three-fourths of states must ratify Perry’s amendment for it to pass.
Perry wrote in the bill that judges are not elected to their office, and it’s unjust for them to have ultimate authority.
“The United States Supreme Court currently possesses ultimate and unchecked authority on matters of the constitutionality of the United States’ laws,” according to the bill.
The bill he proposed is similar to a bill put forward by Florida Rep. Julio Gonzalez. Gonzalez’s bill, HJR 121, would give the Florida legislature the power to declare a law active if two-thirds of Florida’s House and Senate agrees, even if Florida judges voted against it.
Gonzalez’s bill would ensure the Florida courts wouldn’t become too political, Perry said.
“(Florida’s supreme court) operates under it’s own rules,” Perry said. “Once they rule, there is zero opportunity for the legislature or the governor to do anything about it.”
Kristen Bryant saw an article about the bill and shared it on Facebook. She called Perry’s office to complain and left a voicemail.
“I expressed my extreme disappointment that he would file such a bill,” the Gainesville resident said.
Bryant said even her 12-year-old daughter understands the checks-and-balances system, and it doesn’t need improvement.
UF law professor Danaya Wright called the bill unconstitutional.
“It would dramatically change the checks and balances,” she said. “They are absolutely trying to shift the power to the legislative branch.”
Wright said it was unlikely Perry’s suggestion could become a constitutional amendment.
“There’s no way you are going to get the states to ratify this idiotic thing,” she said. “I think it’s just grandstanding.”
Contact Meryl Kornfield at mkornfield@alligator.org and follow her on Twitter at @MerylKornfield
Keith Perry
