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Reply #9: The State Supreme Court Already Ruled on This [View All]

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Swede Atlanta Donating Member (906 posts) Send PM | Profile | Ignore Thu Mar-17-05 04:37 PM
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9. The State Supreme Court Already Ruled on This
The Florida Legislature passed a law a few years ago called something like Terry's Law that did exactly the same thing. The constitutionality of that law was challenged through the Florida state court system and ultimately the State Supreme Court ruled the law was an unconstitutional intrusion into the separation of powers between the legislative, executive and judicial branches.

The U.S. Supreme Court denied certiorari and the decision of the State Supreme Court stands.

So I don't know what the legislature is thinking. I guess they figure if they keep passing laws the whole process has to once again run its course. I don't know if under Florida law her husband could ask for declaratory judgment relief under which the State Supreme Court would rule on this without having to go through the entire judicial process.

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