Latest 2 Cases: State v. Pacchiana (Constitutional Law), Advisory Opinion to the Attorney General re Right to Competitive Energy Market for ...

Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

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State v. Pacchiana

Docket: SC18-655

Opinion Date: January 9, 2020

Judge: Charles T. Canady

Areas of Law: Constitutional Law, Criminal Law

The Supreme Court quashed the decision of the Fourth District Court of Appeal ruling that a peremptory strike was constitutionally impermissible because it was based on the prospective juror's religion, holding that the issue of the constitutionality of a religion-based strike was not properly preserved in the trial court and that the district court erred in reversing on the basis of an unpreserved argument. The district court concluded that the trial court erred in allowing the peremptory strike of the prospective juror at issue, basing its decision in part on its conclusion that the strike involved an unconstitutional religious test. The Supreme Court quashed the decision below, holding that Defendant's religion-based objection to the strike was not properly preserved.

Advisory Opinion to the Attorney General re Right to Competitive Energy Market for Customers of Investor-Owned Utilities; Allowing Energy Choice

Docket: SC19-328

Opinion Date: January 9, 2020

Judge: Per Curiam

Areas of Law: Constitutional Law, Election Law

The Supreme Court rendered this advisory opinion to address the issue of the validity of a citizen initiative petition circulated pursuant to Fla. Const. art. XI, 3, concluding that the proposed initiative should not be placed on the ballot. The initiative at issue was sponsored by Citizens for Energy Choices and titled "Right to Competitive Energy Market for Customers of Investor-Owned Utilities; Allowing Energy Choice." In opposing the initiative, the Attorney General argued that the ballot title and summary failed adequately to inform the voters of "the true meaning and ramifications of the proposed amendment." Specifically at issue was whether the ballot summary affirmatively misled voters to believe that the initiative grants a right to sell electricity. The Supreme Court concluded that the ballot summary was affirmatively misleading and thus did not comply with Fla. Stat. 101.161(1).