PHIL SEARS/Special to the Daily Business Review

The Florida Supreme Court rejected a petition Thursday that was aimed at stopping Republican Gov. Rick Scott from appointing three justices on the day he leaves office.

The court issued its unsigned 6-1 decision Thursday, saying it had no jurisdiction because it can't rule on something that hasn't happened.

The Florida branch of the League of Women Voters and the government watchdog group Common Cause filed the petition with the Supreme Court in June saying Scott's successor should make the appointments, and the case was argued in November.

The majority rejected an attempt to get a ruling on an action “which is merely contemplated but not consummated.”

“Until some action is taken by the governor, the matter the League seeks to have resolved is not ripe, and this court lacks jurisdiction to determine whether quo warranto relief is warranted,” the majority said.

Justice Peggy Quince, one of the outgoing justices, concurred in the result but noted the court ruled against the governor and granted a similar petition last year on a disputed Palm Beach Circuit Court judicial appointment.

Florida's mandatory judicial retirement age is forcing Justices R. Fred Lewis, Barbara Pariente and Quince to retire on the day Scott leaves office in January 2019. Scott has said he plans to name their replacements that morning before his successor takes over.

Scott's decision could change the balance of the court for decades. If Scott gets his way, the seven-member court would be stacked with six conservative judges.

In dissent, Lewis said the court was “going astray” and twice accused the majority of “flawed reasoning.” He also took a poke at Quince, saying her opinion was “even more misdirected.” Pariente concurred with Quince.

“Under the majority view, elected politicians can announce their intentions and plan to engage in all types of illegal and harmful conduct but no relief is available until the illegal and harmful act has already inflicted its damage,” Lewis wrote.

PHIL SEARS/Special to the Daily Business Review

The Florida Supreme Court rejected a petition Thursday that was aimed at stopping Republican Gov. Rick Scott from appointing three justices on the day he leaves office.

The court issued its unsigned 6-1 decision Thursday, saying it had no jurisdiction because it can't rule on something that hasn't happened.

The Florida branch of the League of Women Voters and the government watchdog group Common Cause filed the petition with the Supreme Court in June saying Scott's successor should make the appointments, and the case was argued in November.

The majority rejected an attempt to get a ruling on an action “which is merely contemplated but not consummated.”

“Until some action is taken by the governor, the matter the League seeks to have resolved is not ripe, and this court lacks jurisdiction to determine whether quo warranto relief is warranted,” the majority said.

Justice Peggy Quince, one of the outgoing justices, concurred in the result but noted the court ruled against the governor and granted a similar petition last year on a disputed Palm Beach Circuit Court judicial appointment.

Florida's mandatory judicial retirement age is forcing Justices R. Fred Lewis, Barbara Pariente and Quince to retire on the day Scott leaves office in January 2019. Scott has said he plans to name their replacements that morning before his successor takes over.

Scott's decision could change the balance of the court for decades. If Scott gets his way, the seven-member court would be stacked with six conservative judges.

In dissent, Lewis said the court was “going astray” and twice accused the majority of “flawed reasoning.” He also took a poke at Quince, saying her opinion was “even more misdirected.” Pariente concurred with Quince.

“Under the majority view, elected politicians can announce their intentions and plan to engage in all types of illegal and harmful conduct but no relief is available until the illegal and harmful act has already inflicted its damage,” Lewis wrote.