TALLAHASSEE, Fla. — Lawsuits challenging Florida laws keep stacking up in state and federal court. Attorneys filed three new ones just this week. But some suggest it's no sweat for the governor, who could be trying to capitalize.
A consequential and controversial 2023 legislative session kicked off the recent flurry of legal filings. Civil rights groups and many others brought challenges to new laws on election reform, foreign influence, gender dysphoria treatments, adult live performances, diversity equity and inclusion programs and even the new rules on Disney's special district — and that's just this year.
In comments to reporters, Gov. Ron DeSantis' staff has suggested those bringing the lawsuits are playing politics. Press Secretary Jeremy Redfern recently took a swing at the American Civil Liberties Union in a statement following a recent challenge to Florida's new immigration law:
"The ACLU has for years drifted increasingly leftward and out of the American mainstream. Long are the days when the ACLU defended actual civil liberties, such as free speech and religious rights. But taking the side of human smugglers — something truly outrageous and abhorrent — wasn't on our bingo card."
Legal and politics experts Will Cooper thinks there's something else at play.
"Some governors, some legislatures like to just get things done in a measured, focused way," Cooper said. "Some are more ambitious. Florida is definitely on the ambitious side of that continuum."
Cooper believed the governor and GOP supermajority are pushing constitutional limits to see what they can get away with. Though judges at the lowest state and federal court levels have recently handed DeSantis defeats, he might have a better chance on appeal. If those cases reach the Supreme Court, justices in Florida and Washington, D.C., are considered much more conservative than in years past.
"I think their calculus is, 'Well, we'll win some. We'll lose some. The net effect is, we'll make some changes that really do move the needle in these important areas,'" Cooper said. "And when you have a conservative Supreme Court as well, layered on top of the conservative governance here in Florida, I think their ambition could result in some big wins."
DeSantis has promised to see these policies through on the 2024 campaign trail. His stump speeches often closed with lines similar to what he told Iowans in June.
"I don't just make idle promises just so you think something's nice and then get into office and forget," DeSantis said. "No, we set our sights on true north and we keep that compass there."
But all of that litigation comes at a cost. Foremost, a literal one for taxpayers. State lawmakers approved $15.8 million in the latest budget for Florida's legal fights. Of that, six million was just for DeSantis.
There's also the political cost, which, could come back to bite the state's chief executive if losses keep piling up. University of South Florida Politics Professor Josh Scacco said this week the governor's rivals will likely make use of whatever political fodder they can.
"The governor is in the midst of a contentious presidential primary," Scacco said. "So, what that means is, even if voters are not necessarily a tune to the day-to-day of what's happening with these court cases, the other presidential candidates are."
With polls continuing to tighten for the No. 2 spot behind former President Donald Trump, DeSantis might want to watch his legal flank moving forward.
