Supreme Court of Florida
THURSDAY, JUNE 2, 2022
CASE NO.: SC22-685
Lower Tribunal No(s).:
1D22-1470; 372022CA000666XXXXXX
BLACK VOTERS MATTER vs. CORD BYRD, ETC., ET AL.
CAPACITY BUILDING
INSTITUTE, INC., ET AL.
Petitioner(s) Respondent(s)
Petitioners’ request for a constitutional writ is denied. “[T]he
doctrine of all writs is not an independent basis for this Court’s
jurisdiction,” but instead “is restricted to preserving jurisdiction
that has already been invoked or protecting jurisdiction that likely
will be invoked in the future.” Roberts v. Brown, 43 So. 3d 673, 677
(Fla. 2010). Here Petitioners ask this Court to intervene in the First
District Court of Appeal’s ongoing consideration of an appeal of an
order imposing a temporary injunction. At this time, this Court
does not have jurisdiction over that matter. And it is speculative
whether the First District’s eventual decision will provide an
appropriate basis for this Court’s exercise of discretionary review—
meaning that we cannot say that it is likely that there is any
jurisdiction to protect. Assuming without deciding that this Court
would have the authority in these circumstances to issue a
constitutional writ, we decline to exercise such authority. All
pending motions are denied and no motion for rehearing will be
entertained.
POLSTON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.
LABARGA, J., dissents with an opinion.
CANADY, C.J., and LAWSON, J., recused.
CASE NO.: SC22-685
Page Two
LABARGA, J., dissenting.
I dissent to the denial of the petitioners’ request for a
constitutional writ. As observed in the majority’s order, the all writs
doctrine “ ‘is restricted to preserving jurisdiction that has already
been invoked or protecting jurisdiction that likely will be invoked in
the future.’ Roberts v. Brown, 43 So. 3d 673, 677 (Fla. 2010).”
(Emphasis added.)
Currently pending in the First District Court of Appeal is the
State’s appeal of the temporary injunction granted by the circuit
court. Ultimately, the district court will issue a ruling on the merits
of the temporary injunction. Once that decision is rendered, as
stated on page six of their all writs petition, the petitioners intend to
invoke this Court’s discretionary jurisdiction.
At that juncture, this Court will determine whether to exercise
its discretion to review the district court’s merits decision, and the
all writs petition identifies three possible bases under article V,
section (3)(b)(3) of the Florida Constitution for this Court to do so.
CASE NO.: SC22-685
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Given this Court’s history of considering congressional
redistricting cases, I cannot forecast that we will lack jurisdiction to
review the district court’s merits decision. At stake here is the
mandate of 62.9% of Florida voters who voted in 2010 for one of
what are commonly known as the Fair Districts Amendments to the
Florida Constitution—by any measure of comparison, 62.9% of the
vote is an overwhelming margin. 1 See November 2, 2010 General
Election, Fla. Dep’t of State,
https://results.elections.myflorida.com/Index.asp?ElectionDate=11
/2/2010&DATAMODE= (last visited May 31, 2022).
As we have previously done, see League of Women Voters of
Florida v. Data Targeting, Inc., 140 So. 3d 510 (Fla. 2014), this
Court should utilize its all writs authority here.
1. The Fair Districts Amendment relating to congressional
redistricting was Amendment 6 on the 2010 general election ballot
and was titled “Standards for Legislature to Follow in Congressional
Redistricting.” Amendment 5 on the same ballot related to state
legislative redistricting was passed by 62.6% of voters. See
November 2, 2010 General Election, Fla. Dep’t of State,
https://results.elections.myflorida.com/Index.asp?ElectionDate=11
/2/2010&DATAMODE= (last visited May 31, 2022).
CASE NO.: SC22-685
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Consequently, I dissent.
A True Copy
Test:
so
Served:
MICHAEL R. BEATO CARLOS ALBERTO REY
THOMAS A. ZEHNDER ANDY BARDOS
DANIEL W. BELL CHRISTINA A. FORD
HARLEEN K. GAMBHIR HENRY C. WHITAKER
FREDERICK S. WERMUTH BRADLEY R. MCVAY
GRAHAM W. WHITE MOHAMMAD O. JAZIL
DANIEL E. NORDBY JEFFREY PAUL DESOUSA
JOHN M. DEVANEY DAVID M. COSTELLO
JONATHAN P. HAWLEY ASHLEY E. DAVIS
JOSEPH N. POSIMATO ABHA KHANNA
HON. KRISTINA SAMUELS, CLERK
HON. GWEN MARSHALL, CLERK