Florida Voters to Decide Fate of Supreme Court Justice Renatha Francis in Upcoming Election

Florida Supreme Court Justice Renatha Francis, along with Justice Meredith Sasso, is facing a merit retention vote on November 5, a decision that could significantly impact the judicial landscape in Florida. Both justices were appointed by Governor Ron DeSantis and have been at the center of several contentious rulings, particularly on issues related to abortion and ballot initiatives.

Justice Francis and Justice Sasso have been criticized for their conservative and partisan approach to jurisprudence. They were the lone dissenters in decisions allowing constitutional amendments on recreational marijuana legalization and abortion rights protection to appear on the ballot. Francis argued that the abortion amendment’s summary was “overwhelmingly vague and ambiguous,” while Sasso suggested that the court had the right to object to the content of the proposed amendment due to the moral implications of abortion.

Their judicial records also show a strong deference to executive power. Francis has argued for limiting citizens’ ability to challenge gubernatorial actions in court, which could potentially expand executive reach. For instance, she argued against the court reviewing DeSantis’ suspension of two elected state attorneys, suggesting that such actions should be left to the political process rather than judicial review.

Francis’s appointment itself was controversial. Initially appointed in 2020, the Florida Supreme Court ruled that she was not constitutionally eligible due to not having been a member of the Florida Bar for the required ten years. DeSantis reappointed her in August 2022 after she met the eligibility criteria.

Both justices have supported restrictions on abortion access, including upholding Florida’s 15-week abortion ban, which paved the way for a stricter six-week ban. Their rulings have been characterized as embracing “more extreme or fringe legal theories” compared to their colleagues.

The upcoming retention vote is significant, as it will determine whether these justices continue to shape the state’s judicial decisions. Historically, Florida voters have never denied a justice’s retention, but the current controversy surrounding Francis and Sasso may change this trend).