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Will 3 Florida justices' lose retention bids

Associated Press Modified: November 6, 2012 at 9:00 am •  Published: November 6, 2012

MIAMI (AP) — Three Florida Supreme Court justices could become Tuesday the first justices or appellate judges removed since merit retention elections began in 1978 after an unprecedented push by the Republican Party of Florida to oust them.

The Republican Party's executive committee unanimously voted to oppose R. Fred Lewis, Barbara Pariente and Peggy Quince, warning they are "liberal" and "too extreme." It marks the first time a Florida political party has taken a position in a retention race. The justices' supporters, including some prominent Republicans, say the GOP is endangering judicial independence and that the three have done nothing that deserves removal.

Republican Gov. Rick Scott, who has been critical of the high court, would appoint replacements from candidates recommended by a nominating panel, also appointed by the governor.

Several high-profile court decisions by the justices have angered Republicans, including one blocking a constitutional amendment from the 2010 ballot that was aimed at blunting the impact of the federal health care overhaul. Lawmakers reworded the amendment and put it on this year's ballot.

The GOP also accused the justices of "activism" after they overturned Republican Gov. Jeb Bush's private school voucher program in 2006 and ordered a new trial for a convicted killer. That ruling was reversed by the U.S. Supreme Court.

The justices' backers say Republicans are trying to "highjack" the independence of the court by politicizing the retention elections. They fear a repeat of what happened in Iowa two years ago when a late infusion of out-of-state money helped defeat three justices over a 2009 ruling that legalized same-sex marriage in that state.

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