Florida: Senate now has its own constitutional amendment to allow legislature to override “activist judges” by 2/3rds vote

I mentioned last month the proposal in the Florida House that would allow the legislature to override state court decisions by a 2/3rds vote. Now the Senate has its own version.

HJR 121 and the identical SJR 1098 filed earlier this week provide

Any law, resolution, or other legislative act declared void by the supreme court, district court of appeal, circuit court, or county court of this state may be deemed active and operational, notwithstanding the court’s ruling, if agreed to by the legislature pursuant to a resolution adopted by a two-thirds vote of each house within five years after the date that the ruling becomes final. Such resolution is exempt from section 8 of this article and shall take effect immediately upon passage.

The House proponent has posted on own website that the rationale for the proposal, and a similar one urging Congress to enact a federal 2/3rds override plan, is to “curtail the tendency of activist judges to manipulate the law to suit their political views and agendas.”

SJR 1098 has been filed but not yet assigned to a committee.