An ongoing legal battle over Florida’s congressional redistricting plan has sparked a new dispute: can lawmakers be compelled to testify in lawsuits? Current and former Florida House and Senate members are appealing a 2013 Supreme Court ruling that allows such testimony under certain conditions, arguing for broader “legislative privilege.”
The original redistricting lawsuit, filed by voting-rights groups, challenged the constitutionality of the 2022 plan, which Governor DeSantis supported. The groups sought to depose lawmakers about the plan’s development, but the Legislature resisted, citing legislative privilege.
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A circuit judge ruled in 2022 that lawmakers could be questioned on matters already public or information from non-legislative sources, but not on internal legislative discussions. The House and Senate are now appealing this decision, hoping to overturn the 2013 Supreme Court precedent and establish stronger protections for lawmakers against testifying in lawsuits.
The appeals court, however, questioned whether the issue is even relevant anymore, as the voting-rights groups have dropped their deposition requests and the underlying redistricting case has moved to the Supreme Court. Lawmakers argue the issue is of “great public importance” and likely to recur, justifying a ruling even if the immediate dispute is moot.
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The outcome of this appeal could significantly impact the transparency of Florida’s legislative process and the ability of citizens to challenge legislative actions in court.
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