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This week, Governor Rick Scott was told Florida Supreme Court Justice james Perry was stepping down at the first of the year. in 2018, three more justices leave office on the same day a new governor takes office, which is likely to provide a fight between the outgoing Scott and his successor over who makes those three appointments. Howard Simon of the ACLU Florida says that will make the next gubernatorial election critical for at least a generation.

“Every public official swears an oath to the constitution, but our legislature frequently takes the point of view  that, well. we’ll do anything we want unless the Supreme Court declares it unconstitutional. That’s why an independent check on what the legislature and Governor does is so important” says the ACLU Executive Director.

In 2014. voters turned down a constitutional amendment that would have clarified whether the incoming or outgoing governor makes appointments when the terms coincide, which leaves the question of who appoints up in the air.