Wednesday, September 1, 2010

Florida Supreme Court Nixes Anti-HCR Ballot Initiative

Republicans in Florida apparently hoped to use a referendum on healthcare reform this fall just the way Republicans used referenda on gay marriage six years ago -- to rile up the conservative base. Problem is, the Florida Supreme Court -- a majority of the members of which were appointed by Republican Governors -- has struck down the proposed constitutional amendment, calling the language used to sell the amendment "misleading." Here's the report from The Christian Science Monitor:
The Florida Supreme Court on Tuesday rejected a ballot initiative that sought to amend the state’s constitution to establish that Florida residents have a right to refuse to purchase mandatory health insurance – including under President Obama’s reform effort.

The state high court voted 5 to 2 to exclude the referendum issue from the November ballot.

The action is a victory for supporters of the Obama health reform program and a setback for opponents, including state lawyers leading an effort in federal court in the Florida panhandle to have the national health insurance program declared unconstitutional.

[...]

“The ballot language put forth … contains misleading and ambiguous language,” the Florida justices said. “Currently our only recourse is to strike the proposed constitutional amendment from the ballot.”
According to The Monitor, the Justices assailed architects of the amendment for utilizing "classic examples of a ballot summary 'flying under false colors.'" As the Court stated, "The ballot summary should tell the voter the legal effect of the amendment and no more." So much for the plan of driving conservative voters in Florida to the polls using a ballot initiative...

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