Rosalie Whiley v. Hon. Rick Scott

Summary

Justice Polston's dissent would deny the petition for a writ of quo warranto because the petitioner demonstrated no actual violation of law and challenged the executive orders largely through hypothetical scenarios. He reasoned that Executive Order 11-72 lawfully establishes gubernatorial review of proposed and existing rules without suspending the Administrative Procedure Act or transferring agencies' statutory rulemaking responsibilities. Justice Canady, dissenting separately, joined Justice Polston's reasoning and similarly concluded that the majority improperly restricted the Governor's supervisory authority.