Posted on 12/31/2002 6:21:48 AM PST by paul in cape
Conservative Kenneth B. Bell replaces the Florida Supreme Court's most liberal justice.
TALLAHASSEE -- Gov. Jeb Bush named his third Supreme Court justice Monday, picking a young, conservative Pensacola judge to replace the court's most liberal and senior justice.
Bush selected Circuit Judge Kenneth B. Bell to succeed the retiring Leander Shaw, one of two African-Americans on the seven-member court. Bell's judicial philosophy appears to match the governor's but is the opposite of his predecessor's.
Shaw, who will end 19 years on the bench next week, is considered one of the most liberal and active Florida justices ever, having written the lead opinion in the state's landmark case extending constitutional protection to women seeking abortions.
Bell, however, stressed his commitment to "judicial restraint" and promised not to tread on the governor or the Legislature.
In his application for the post, Bell noted that the courts "must recognize their role as the 'weakest branch of government' and pay due deference to the legislative and executive branches." He also noted that judges must be committed to a "reasoned vs. 'result-oriented' decisions."
"I do not believe in judicial activism, either from the left or from the right," Bell said Monday.
Bush has long promised to pick justices who echo his conservative philosophy and who respect what Bush on Monday called the "primacy of the legislative and the executive as policymakers."
(Excerpt) Read more at sptimes.com ...
Could it possibly be that the bench is returning to reading the law as it was intended to be? Our law schools teach activism rather than how to read law and act accordingly. They rule from the bench rather than the books, a very dangerous precedent for the last 10 or so years.
Leni (Florida)
That's an optimistic estimation. Everson v. Board of Education was decided in 1947, and there were plenty more before that.
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