Judicial Independence

"The petition for writ of quo warranto against Governor Rick Scott is hereby granted. The governor who is elected in the November 2018 general election has the sole authority to fill the vacancies that will be created by the mandatory retirement of Justices Barbara J. Pariente, R. Fred Lewis, and Peggy A. Quince, provided the justices do not leave prior to the expiration of their terms at midnight between January 7 and January 8, 2019, and provided that the governor takes office immediately upon the beginning of his term."

Justices on the Florida Supreme Court know long in advance the date on which they must retire, but few of them have worried a great deal about the exact hour. Now a big power play in state politics may turn on that arcane question.

The issue before the court was whether Gov. Rick Scott has the authority to appoint three new justices to replace three current justices whose terms expire on the same day he leaves office in January 2019. Those appointment could tip the 4-3 balance of the court from progressive to conservative.