Thursday, September 4, 2014

Joe DeMaria = Chief Justice Marshall!

That's my takeaway from Big Joe's editorial on the Mike Pizzi saga:
The chief justice knew that the election of 1800 had been very contentious and had led to a radical change in the federal government. He knew how important it was to avoid a political crisis at that time. Thus, the chief justice, for a unanimous Supreme Court, ruled that it did not have the legal authority to order Secretary Madison to issue the commission.

The Florida Supreme Court also must make a decision at a time of political uncertainty. The court is being asked to order a governor to overrule the decision of a city in the middle of a hotly contested statewide political race. There is no way to predict the damage that could be inflicted on the confidence of the people of this state if they witness a political fight between our Supreme Court, our governor and the city of Miami Lakes at this time.

The court should therefore follow Chief Justice Marshall’s lead and refuse to order Gov. Scott to reinstate Pizzi. The court should not undermine its legitimacy by intervening in this political dispute, even if the court believes that Pizzi is entitled to be reinstated as mayor.
Good old Marbury v. Madison!

Haven't thought of that since law school!

What's next -- a scathing editorial on the modern-day implications of some idiot trying to bring fireworks onto a moving passenger train?

BTW --whatever happened to US 1 traffic during rush hour (I assume it's better now). 
Read more here: http://www.miamiherald.com/2014/09/03/4326063/chief-justice-marshall-would-have.html#storylink=cpy

8 comments:

Anonymous said...

If this was in reference to any other town that the shit hole the dude was mayor of, then possibly it may only be laughable as opposed to absurd.

The mayor was allegedly be bought/influenced for 2k in a paper bag....come on

Joe DeMaria said...

The traffic on U.S. 1 is worse.

Anonymous said...

Nice!

Anonymous said...

Love it.

Joe D. v. Ben K.!

I confess I was unaware Joe was still practicing law.

Is he pals with Pizza's mayoral opposition?

Joe DeMaria said...

Yes, I am practicing law. And no I am not pal's with Pizzi (not Pizza's) mayoral opposition. I happen to think the City should have agreed to take him back the way that the City of Miami did. My point is that there is a separation of powers and that the Florida Supreme Cort should not order the Governor to overrule the City of Miami Lakes. I think you know that. YOu just want to be critical and cynical. That's fine by me.

South Florida Lawyers said...

Love Joe! Thanks for the comments.

Anonymous said...

Right.

Our supreme court never wades into separation of powers issues. Just like our supreme court of the land refuses to do so.

Joe - aren't you a criminal lawyer? And you're not cynical????

Anonymous said...

Joe is a lawyer, he is no criminal!

Bastards!