Supreme Court throws amendments off ballot
Breaking News: In swift and stunning fashion, the Florida Supreme Court struck from the Nov. 4 ballot the Amendment 5 "tax swap" and two equally controversial school voucher proposals.
The unanimous decisions came only hours after justices heard oral arguments and repeatedly agreed with critics that the ballot language was misleading. "No motion for rehearing will be entertained," the court wrote.
"It’s very disappointing," John McKay, the former state Senate president who championed the Amendment 5 tax swap, told the Buzz. “After many years of trying to change the tax system in Florida, to provide a fairer system, this shows it’s a huge mountain to climb. ... The Florida Supreme Court is denying Floridians the right to decide how they are taxed to pay for the education system."
If McKay is the face of defeat on taxes, Jeb Bush is the symbol on vouchers. The former Republican governor worked behind the scenes to advance the proposals on the Taxation and Budget Reform Commission, hoping to reverse past court losses.
Amendments 7 and 9 withstood a challenge in circuit court but today were stopped dead.
"This ruling puts an end to a dangerous assault on the religious liberty rights of all Floridians,” said the Rev. Barry W. Lynn, Americans United executive director. “These reckless and deceptive amendments had no business being on the ballot in the first place, and we’re glad to see them go."
We are seeking comment from Bush.
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Hooray for the courts!
Posted by: | September 03, 2008 at 02:50 PM
Reality Prevails!
Posted by: | September 03, 2008 at 02:51 PM
Awsomenes
Posted by: | September 03, 2008 at 02:55 PM
Where were the courts for Amendment 1?
Posted by: ADS | September 03, 2008 at 02:59 PM
I'm very thankful judges operate under the Constitution because the Republicans do not.
Posted by: Ray | September 03, 2008 at 03:00 PM
Thats right, another example of judges legistlating from the bench. Can't let us regular people decide issues through a democratic process.
People come election time, please know who your voting for when it comes to these elitest/socialist judges.
Posted by: Thomas | September 03, 2008 at 03:02 PM
I am still trying to figure out how to spend my $250 good ole Charlie got me earlier this year. So many choices so little to spend! Thanks Charlie!
Homeowners are screwed regardless of what Amendment. We someone please come up with a real solution?
Posted by: tunamanz | September 03, 2008 at 03:03 PM
Ray, Just go smoke your dope and read your socialist blogs. Leave the important issues to people who have'nt fried their brains on pot and socialist koolaide!!
Posted by: The party that is going to put socialists out of business | September 03, 2008 at 03:04 PM
Great job by the Supreme Court Justices. Kudos to AIF and the rest of the business community who really did a good job of staying on message as to why this was such a terrible idea for Florida's economy.
Posted by: | September 03, 2008 at 03:07 PM
There is some sanity remaining in Florida.
Posted by: Tally | September 03, 2008 at 03:08 PM
3:04 is your typical Ill-informed Delusional Indignant Opposition Troll… aka: Idiot!
Posted by: | September 03, 2008 at 03:08 PM
Good! It was a bad plan anyway!
Speaker Rubio had it right to begin with! Abolish property taxes and raise the sales tax!!! That's a fair plan!
Posted by: | September 03, 2008 at 03:10 PM
Rubio's an idiot and so's his plan. Good Lord, you people are morons.
Posted by: | September 03, 2008 at 03:13 PM
3:04 -- why do you hate pot so much?
Posted by: | September 03, 2008 at 03:13 PM
Very disappointing - this was probably going to be our last and only chance at some type of MEANINGFUL tax reform. Let's see if we even get that $260? we were promissed. Suck-up and pay increasing property insurance and proterty taxes with no end in site. Either the people form an initiative and do it ourselves or we are screwed - bottom line.
Posted by: Suse | September 03, 2008 at 03:13 PM
sarah palin smoked pot
Posted by: | September 03, 2008 at 03:13 PM
Next time don't draft an amendment that does not spell out EXACTLY how they would replace the lost revenue! You pulled the wool over our eyes once with the lottery! You expect Floridians to trust lawmakers to figure things out later and put our childrens already terrible school system even further in the toilet???
Posted by: Todd | September 03, 2008 at 03:16 PM
I didnt like amendment 5, but it was the voters call, not the court's call. The TBRC is a constitutionally created body given authority every 20 years to put items on the ballot for the people..for their approval or disapproval. It takes a special level of judicial arrogance to toss amendments hours after oral arguments.
Posted by: | September 03, 2008 at 03:18 PM
Can anybody tell me how many state employees FL has? I can't find the info anywhere!
Posted by: Donald Lance | September 03, 2008 at 03:20 PM
"sarah palin smoked pot"
One of many reasons to like her.
Posted by: | September 03, 2008 at 03:21 PM
This is wonderful news for Florida! Great to see the TBRC get cut down to size. Hey Jeb, want some cookies?
Posted by: CountOurVotes! | September 03, 2008 at 03:21 PM
UNANIMOUS decision on three amendments that would have been laughed out of any law school class. Even the Jeb appointees swatted these amendments.
Posted by: | September 03, 2008 at 03:22 PM
This is a great day for Florida teachers, parents and taxpayers.
Posted by: rob | September 03, 2008 at 03:24 PM
We support today’s decision from the Supreme Court on Amendment 5. We applaud the hard work of the Coalition to Protect Florida’s economy. Thanks to the Coalition’s effort, Florida’s businesses and consumers will avoid the uncertainty created by Amendment 5. We look forward to continuing to fight along with Governor Crist and the legislature to finish the work on property tax relief for Florida taxpayers. Property taxes remain a top concern for Florida voters, according to a recent Florida Chamber poll.
Posted by: Dan Krassner, Florida Chamber of Commerce | September 03, 2008 at 03:27 PM
Plus... a recent poll also said that 4-out-of-5 Dentists reccomend Crest, and that Choosy mother choose Jiff!
Posted by: | September 03, 2008 at 03:32 PM
One more kick in the shins for the real estate market. Want to buy a condo for $200k? Don't worry, it's been assessed for $400k and you'll owe only $10k a year in taxes...
Posted by: Tino | September 03, 2008 at 03:35 PM
Liberal Judges legislating from the bench, yet again, now that is a shocker.
Posted by: Disgusted Republican | September 03, 2008 at 03:38 PM
Vote NO on Amendment 2!
Posted by: Tony | September 03, 2008 at 03:49 PM
That "activist judges" "legislating from the bench" line that ya'll spout is getting tired and old. You whinny conservatives need to find some new inflammatory language.
Posted by: Sam | September 03, 2008 at 03:50 PM
This isn't about our children. It's about lazy people on the public dole who want to keep their fat pensions. Private sector workers can only dream of such perks.
Posted by: Jorge | September 03, 2008 at 03:52 PM
One more worthy kick in the shins for the flippers who made bad investments and want the rest of us to pay for it by destroying our infrastructure, education system, and economy so they can keep their Hummers and trophy wives.
Want to buy a condo for $200k? Don't worry, I flipped it to $400k and you'll be foreclosed on in 2-years.
Posted by: | September 03, 2008 at 03:52 PM
This isn't about our children. It's about lazy people who quit their job, took a test, and bought some property in an unstable market hoping to strike it rich regardless of what it did to our economy. SUCK IT UP WHINNERS!
Posted by: | September 03, 2008 at 03:54 PM
They are only activist when they rule against you. Even the JEB appointees thought these "amendments" should be removed. C'mon now-you can't have it both ways..oh-that's right - if you are a repub you can afford it both ways.
Posted by: Joe | September 03, 2008 at 03:57 PM
Hey, no-name with the hard on for the flippers/invstors. Methinks he doth protest too much.
Posted by: Sam | September 03, 2008 at 03:59 PM
One more reader that doesn't understand the math. Properties are being assessed at values far higher than their worth. ANYONE buying a $200k condo that is assessed for far more will be paying through the nose.
More benefits for those of us who got in early...
Posted by: Tino | September 03, 2008 at 04:00 PM
WAAAAAAAA... I quit my job to flip properties and got screwed when the bubble burst... WAAAAAAAAA... someone bail me out... WAAAAAAA...
Posted by: | September 03, 2008 at 04:10 PM
good job. a victory for the good guys over the brown shirts.
Posted by: jeff | September 03, 2008 at 04:11 PM
This is a very bad day for Florida taxpayers. Both amendments would have lessened the strangle hold grip the very powerful TV and newspaper industry and the teachers union have on our wallets.
Posted by: tim | September 03, 2008 at 04:11 PM
It's poetic justice. The only reason the TBRC passed that piece-of-crap amendment 5 was to get McKay's vote on the other two amendments. JEB engineered the whole deal, and it all went down in one big flush. JEB, let me introduce you to obscurity.
Posted by: | September 03, 2008 at 04:13 PM
Legislating from the bench? These were unanimous opinions and there are what 3-4 that were put on the bench by your hero Jeb? Amend 5 was a chicken way out. It would have further damaged the schools by further cuts in their funding. Schools need more not less.
Posted by: Steve | September 03, 2008 at 04:14 PM
Tino,
Florida was getting too crowded any way.
Let the bottom feeders find another state to feed on.
This is one way to weed out those who have from those who have not.
I hear Tennessee has opened its doors to low taxes and low insurance, cheap land too.....just don't drink the water unless you want to "glow" in the dark.
keep sending Tenn. our radioactive wastes...they can use the $$$ to take the place of the funding they lose to low property taxes, etc.
Posted by: Floridaisgreat | September 03, 2008 at 04:15 PM
"In an unrelated matter, Bense revealed how the economy is hurting his own road construction business."
AND THE TRUTH SHALL SET YOU FREEEEEEE!
Posted by: | September 03, 2008 at 04:20 PM
How’s that $240 working out for y’all?
Hahahahahahahaaa…
There's a reason we call yuns Floriduuuuuh!
Posted by: | September 03, 2008 at 04:24 PM
I think most people had issue on how it was 'deviously' worded......word it how you meant it, meaning vouchers, and give the people a vote...........but trying to do the Republican name game didn't work this time.
Posted by: Bill | September 03, 2008 at 04:25 PM
The TBRC had the power to put amendments on the ballot, but the Constitution says that they must be clear to the voter. Amendment #5 was a bait and switch. Amendment #9 didn't relate to budget and taxation. Amendment #9 further "hid the ball" by pretending to be about 65% Solution when it was really about school vouchers. Amendment #9 nor amendment #7 even mentioned the words school vouchers, because if they did, people would know what they were about and would vote against them. The Supreme Court protected the voters from being lied to by the TBRC. John McKay should be disappointed in his own work instead of the Court's ruling.
Posted by: | September 03, 2008 at 04:27 PM
Nice going Charlie. Next let's have them look at needing the Nuclear Power Plants!
Posted by: Tom | September 03, 2008 at 04:32 PM
Steve, only one current member was appointed by Governor Bush. You are incorrect, as most libs are.
Posted by: | September 03, 2008 at 04:33 PM
We can subject Real Estate Broker fees and Stock Brokerage Commissions to the Gross Receipts tax to help pay for some of the expenses caused by the TBRC.
Posted by: Tom | September 03, 2008 at 04:39 PM
4:33... Who cares, you are a moron; as most R's are.
Posted by: | September 03, 2008 at 04:40 PM
In 1953, Florida law stated that its school districts may segregate students based upon the color of their skin.
A majority of voters were fine with that law. No elected legislator or Governor had challenged it in over 75 years.
But, the courts struck it down.
Were they, then, being "liberal activists, legislating from the bench"?
Posted by: | September 03, 2008 at 04:45 PM