Supreme Court of Florida

The Florida House of Representatives v. the League of Women Voters of Florida — Canady, J., Dissenting

July 11, 201338 Fla. L. Weekly Supp. 565

Summary

Justice Canady, dissenting, would hold that the Florida Constitution makes a Supreme Court judgment validating a legislative redistricting plan binding on all citizens and therefore precludes subsequent challenges under Florida law. He would also reject the view that declaratory-judgment supplemental-relief provisions authorize litigation seeking to undo the prior validation judgment, and would grant the Legislature's requested writ relief. Justice Perry, specially concurring, agrees that the Legislature is not entitled to writ relief but emphasizes that as-applied challenges in circuit courts are permissible and often necessary.