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OPINION
Executive branch

Opposing view: If courts overstep, citizens must act

Slade O’Brien
  • Examples have shown the Florida Supreme Court rewriting law to fit its own desired outcome.
  • Our organization launched a grassroots initiative to educate citizens about judicial activism.
  • We urge citizens to sign our petition.
Illustration by Web Bryant.

Americans for Prosperity agrees that it is critical that the judicial branch of government be independent, neutral and unbiased. The courts play a crucial role in maintaining the system of checks and balances our Founding Fathers so brilliantly created.

But what happens when the courts lose their neutrality and overstep their role?

If you ask the Founding Fathers, the federal judiciary was to serve as a check on the legislative and executive branches. Under the Florida Constitution, the Florida courts are designed to serve a similar role.

Sadly, though, numerous examples have shown the Florida Supreme Court rewriting law to fit its own desired outcome.

The court has ruled against personal property rights and the separation of powers; taken away parental control over children's education; and, most outrageous of all, even blocked citizens' rights to vote on proposed amendments.

In a perfect world, our judges would be impartial, fair and not swayed by their own biases. Yet the Florida Supreme Court rewrote statutes to fit personal ideology.

When our justices fail to meet their obligations, should Floridians simply look away, do nothing and pretend it's not happening?

Americans for Prosperity believes we citizens have a duty to urge the judiciary to do its job when it fails to do so. That's why earlier this year, our organization launched a grassroots initiative to educate citizens about judicial activism and the Florida Supreme Court.

Our goal is to educate the public about key decisions of the court and urge citizens to sign our petition calling on justices to respect the doctrine of separation of powers, protect fundamental rights and safeguard our liberties.

For our system of government to work, judges must not legislate from the bench and must check the other branches of government when they overstep their limited powers. Judges must always remain impartial and decide cases based on the law and not personal policy preferences. Judges should never rewrite law to fit their desired outcome.

If this is still a government of the people, by the people and for the people, then we as citizens must be informed and engaged to ensure that all branches of government honestly fulfill their crucial role.

Slade O'Brien is Florida director for Americans for Prosperity, a non-profit that favors limited government and free markets.

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