Florida’s Highest Court Refuses Webster’s Request for “Seat at the Table”

Today, the Supreme Court of Florida entered an order denying U.S. Senator, Daniel Webster’s request to intervene in the widely-reported Florida redistricting case, League of Women Voters of Florida, Inc., et al. v. Detzer, Case No.  SC14-1905. Webster filed a Motion to Intervene on October 22, 2015, recognizing that “generally intervention is not authorized at the appellate level,” but arguing that “this is an extraordinary case.”

The primary reason given for Webster’s motion to intervene:  “The Congressional District of a sitting United States Congressman is being transmuted into a majority minority district in which he stands no chance of re-election, and he has, to date, not been permitted ‘a seat at the table.'”  Effectively Webster argued that “the Proposed Remedial Plans for District 10 are unconstitutional because they fail to comply with Art. III, § 20’s tier-one requirements for having been drawn with the intent to disfavor a political party or incumbent . . . [and] do not adhere to Art. III, § 20’s tier-two requirements of compactness and utilization of political and geographic boundaries.”  According to Webster’s motion, the plans for District 10 would split Orlando into two districts–a practice that is disfavored under Florida’s Constitution.

The Court denied the Motion to Intervene without opinion.  In light of the “long shot” possibility of appellate intervention in Florida’s state courts, it is possible that Webster simply wanted to plant a seed with the court, as it seems none of the true parties to the case have raised any issue with the Proposed Remedial Plans for District 10.  We will have to stay tuned to learn whether the tactic was effective.