Legal Opinion · Dissent

League of Women Voters v. Florida House of Representatives

Supreme Court of Florida

Decided December 13, 2013No. Nos. SC13-949, SC13-951Published

1DissentCanady, J.

In this case, for the first time in the recorded history of our Republic, a court has ruled that state legislators are required to submit to interrogation in a civil case concerning their legislative activities. I dissent from this unprecedented decision — a decision which effectively abrogates the well-established common law legislative privilege and grievously violates the constitutional separation of powers. I would approve the First District Court of Appeal’s cogent decision.

I

The legislative privilege — which the majority reduces to a matter of judicial discretion — is firmly rooted in…

2Cases cited11 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. Tenney v. BrandhoveSupreme Court of the United States · 1951
  3. Fletcher v. PeckSupreme Court of the United States · 1810
  4. Boumediene v. BushSupreme Court of the United States · 2008
  5. United States v. GillockSupreme Court of the United States · 1980

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