Florida is taking its cues from Dobbs and playing games with the Constitution.
When asked late last month if the bill is unconstitutional, Rep. Baker responded that “fifteen years of wrongly decided caselaw is not persuasive” to her. She previously argued thatis ripe for reconsideration because the majority’s decision was not “based on any law” and did not point to any statute or constitutional provision for its basis but was, instead, based on the majority’s “independent judgment.” That statement is far from accurate.
8, and again last year when the court overturned its longstanding precedent establishing the constitutional right to an abortion inin the background, Florida’s legislators are confident this court would be similarly willing to undoand expand the constitutional boundaries of capital punishment to make way for this legislation.Even if the legislators’ speculations about the court’s views prove true, the bills still pose constitutional concern.
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