Gov. Rick Scott is preparing to make his first appointment to the Florida Supreme Court, a consequential decision conservatives hope will help reshape an institution that has repeatedly stymied the agenda of Tallahassee's ruling Republicans.
The opportunity was created by Justice James Perry's announcement last week that he plans to retire at the end of the year. Perry, a member of the court's dominant liberal wing, was appointed by former Gov. Charlie Crist in 2009 and has reached the state's mandatory retirement age for judges.
During his 2014 campaign to deny Scott a second term, Crist had pointed to the importance of the Supreme Court as a check on the legislative branch, pledging to appoint more progressive-minded jurists. The pitch failed to resonate with many voters, and Scott narrowly won re-election, which many of his allies view as a mandate for judicial reform.
"I generally care about two things," Scott told reporters this week of his appointment screening process. "Are they going to be humble in the process, and are they going to uphold the law? I mean, that's what I care about. I want people who want to uphold our existing laws."
In a series of rulings, the state's highest court has struck down or frozen laws passed by the Republican legislature and signed by Scott. Caps on workers' compensation attorney fees, mandatory drug testing of welfare recipients and a 24-hour abortion waiting period have all fallen victim to the court's majority opinions.
Because of that history, Scott is likely to view his appointment power in starkly personal terms. He's also widely expected to run for the U.S. Senate seat held by Democratic Sen. Bill Nelson in 2018 and could face primary opposition from conservative Republicans ready to turn the page on Scott's turbulent and at times ideologically inconsistent tenure as governor.
"Scott is probably incentivized to appoint someone even more conservative than he would have otherwise because he's in all likelihood going to be running in a primary in 2018, so it would be a huge mistake for him to appoint somebody more liberal or more in line with today's court," said Democratic strategist Kevin Cate. "A Republican could use that - especially a Tea Party Republican - in the future."