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News Reedy Creek Improvement District and the Central Florida Tourism Oversight District
- Thread starter castlecake2.0
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Chi84
Premium Member
It's not only the Contracts Clause. I just read Moore and Justice Roberts gave two interesting examples to support his reasoning. On p. 27 of the slip opinion, he says: "As in other areas where the exercise of federal authority or the vindication of federal rights implicates questions of state law, we have an obligation to ensure that state court interpretations of that law do not evade federal law."The Above the Law blog has a new entry from Joe Patrice about something he noticed in the Moore v Harper Supreme Court decision. The decision includes mention of the Contracts Clause, as an example of how state legislatures are constrained. Something the court has not invoked in awhile. The speculation, is that the Contracts Clause was not randomly included, but a signal from the high court that they are watching the Disney situation in Florida.
Supreme Court Subtweets Ron DeSantis That He's Totally Losing To Disney - Above the Law
Supreme Court reminds federal judges that Disney's right about the Contracts Clause.abovethelaw.com
The two examples involve the Takings Clause and the Contracts Clause of the Federal Constitution - these are both theories of recovery advanced by Disney in its federal lawsuit. Moore held that while state law is an important source for defining property rights, "States 'may not sidestep the Takings Clause by disavowing traditional property interests.'" Also, although federal court accord respectful consideration to the views of the State courts, "Still, 'in order that the constitutional mandate may not become a dead letter, we are bound to decide for ourselves whether a contract was made.'"
The court also said something particularly interesting about determining whether a state had an adequate and independent ground sufficient to support its judgment. "We have in those cases considered whether a state court opinion below adopted novel reasoning to stifle the 'vindication in state courts of ... federal constitutional rights.'"
Probably just all a coincidence.
Very rare these days. Some keep getting reelected some in their 70s and 80s still chugging along in DC. One even worked until age 100.
mikejs78
Well-Known Member
He will be out of office in 2028. It's extremely hard (but not impossible) for a candidate without an office, unless they were a former VP.
Also depends how he does. If he finishes 2nd, maybe. But I wouldn't discount a complete flame-out.
Scott is up for election in 2024. If he wins reelection he won't be up again until 2030.
pdude81
Well-Known Member
If DeSantis was a long-term thinker, he'd be running for that job instead of POTUS.
Goofyernmost
Well-Known Member
I thought Ron will have used up his initial gubernatorial allowance in 2024. They don't have 6 year terms for governor in Florida do they? If he loses the primary in 2024 he could run for Scotts seat instead couldn't he?
pdude81
Well-Known Member
Only as an independent. Rick Scott and Joe Biden are both running for reelection in 2024.
lazyboy97o
Well-Known Member
The governor of Florida is elected during the presidential midterms. Unless he resigns or is otherwise incapacitated, DeSantis’ term as governor will not end until January 2027.
mikejs78
Well-Known Member
His next election is 2026. If he loses the primary (unless he drops out really early) he would have a hard time being able to pivot and run for Senate in 2024 because of ballot qualification requirements and such...
mikejs78
Well-Known Member
Disney Seeks Mediation, But DeSantis Says Mediation Wouldn't Be Productive in First Amendment Fight Headed to Federal Court
Disney suggested mediation, but Florida Governor Ron DeSantis' legal team said that mediation would not be productive
blogmickey.com
James Alucobond
Well-Known Member
'Member when people said they should compromise?
JoeCamel
Well-Known Member
'Member when some people thought this was a serious action and not just a political stunt?
With DeSantis on the Stump, Disney Sees a Long Campaign Ahead
The company, long allergic to controversy, is likely to be the subject of very public and partisan criticism throughout the Republican primary.
DeSantis should compromise, wear Mickey Ears at his next public appearance and pray his approval numbers running for higher position rise above 10%.
Counting down till Disney’s motion to dismiss is heard in State Court on Friday.
Also BlogMickey article: https://blogmickey.com/2023/07/disn...sm-oversight-district-in-state-level-lawsuit/
Also BlogMickey article: https://blogmickey.com/2023/07/disn...sm-oversight-district-in-state-level-lawsuit/
lazyboy97o
Well-Known Member
So we now have two competing affidavits.
In her affidavit, Erika Washington Perry seems to suggest that since Tina Graham was out of the office the matter was better handled by Tracey Borden, to whom she would bring the materials. So why didn’t she have Borden come to the lobby? It does seem like she didn’t really know what was happening and didn’t pay it too much attention. Information in the process servers notices of her age, height and weight suggest a longer interaction in line with her own affidavits.
Reading Perry’s affidavit again, what struck out to me was the last sentence under point 7 where she states “The process server did not ask for Mr. Garcia as the Chair of the Board of Supervisors, Mr. Classe as District Administrator, or any individual Board Member”. Both affidavits agree that Bedford, the process server, arrived at the District headquarters looking for the named individuals. The only reason Perry was involved is because those individuals and others were not present. Guessing here, but it sounds like the issue is that, upon learning that none of the named individuals were present, that Bedford didn’t then again ask Perry for each individual by name and title in the specific order. That seems weasely and a bit disingenuous to me. They weren’t there. No amount of asking different people by title or in any order would change that basic fact.
In her affidavit, Erika Washington Perry seems to suggest that since Tina Graham was out of the office the matter was better handled by Tracey Borden, to whom she would bring the materials. So why didn’t she have Borden come to the lobby? It does seem like she didn’t really know what was happening and didn’t pay it too much attention. Information in the process servers notices of her age, height and weight suggest a longer interaction in line with her own affidavits.
Reading Perry’s affidavit again, what struck out to me was the last sentence under point 7 where she states “The process server did not ask for Mr. Garcia as the Chair of the Board of Supervisors, Mr. Classe as District Administrator, or any individual Board Member”. Both affidavits agree that Bedford, the process server, arrived at the District headquarters looking for the named individuals. The only reason Perry was involved is because those individuals and others were not present. Guessing here, but it sounds like the issue is that, upon learning that none of the named individuals were present, that Bedford didn’t then again ask Perry for each individual by name and title in the specific order. That seems weasely and a bit disingenuous to me. They weren’t there. No amount of asking different people by title or in any order would change that basic fact.
Disney Analyst
Well-Known Member
Can someone explain this to me like I'm a five year old? I'm so lost.
James Alucobond
Well-Known Member
It's just part of the ongoing argument over how the members of the CFTOD board were served. CFTOD is basically saying that the server did not properly inquire about the presence of each board member separately by name and title in a sequence of distinct queries, instead asking for all in list form by name only as a single inquiry. Sounds like a quest for an esoteric technicality to me, though I have no idea if there's any merit to it.