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Selection a swipe at activist high court
By JULIE HAUSERMAN, Times Staff Writer TALLAHASSEE -- Gov. Jeb Bush on Wednesday used his appointment of Raoul Cantero III to the Florida Supreme Court to lash out at judges who stretch their legal boundaries. "Increasingly," said Bush, posed strategically with the Supreme Court's white columns as a backdrop, "courts have seized control over policy decisions that are not theirs to make." The courts, he said, "are not mini-legislatures or governors." Bush's comments reflect the tension that has existed among the Supreme Court, the Republican governor and the Legislature during the past four years. Bush and lawmakers have seen the courts strike down priority efforts such as abortion and the death penalty. Wednesday, Bush said his appointment of Cantero, the first justice he has appointed entirely on his own, "is a chance for me to make a difference in the future of the state." It could have a long-term impact. Cantero is 41 and eligible to serve a lifelong term. An appellate lawyer from Miami, Cantero is the first Hispanic ever appointed to the state Supreme Court. He replaces retiring justice Major Harding on Sept. 1. Five of the seven justices now sitting on the state Supreme Court were appointed by Gov. Lawton Chiles, and a sixth was appointed by Democrat Bob Graham. The seventh, Peggy Quince, was appointed jointly by Bush and Chiles. If Bush is re-elected this fall, he will get a chance to appoint another Supreme Court justice. Justice Leander Shaw will retire in early January. Bush said Cantero is "humble" and shares the philosophy of judicial restraint. "I did ask questions to all the candidates about their view of the role of the judiciary," Bush said. Cantero has never been a judge before. He is a conservative Catholic, like Bush. The governor insists that Cantero's political views were not a factor in his appointment. And Wednesday, Cantero was mum on those views. When asked whether he opposes the death penalty, Cantero said: "I have no views." Florida Supreme Court justices spend about half their time on death penalty cases. Cantero's views on abortion are known: He wrote a letter to the editor of the Miami Herald in 1993 to defend anti-abortion protesters, saying: "Abortions kill children." When asked about abortion Wednesday, Cantero said: "My personal views on any particular issue will not keep me from applying the law, whatever the law is." Cantero is a grandson of former Cuban dictator Fulgencio Batista. His nomination prompted a flood of support from Cuban-Americans. It also sparked controversy because Cantero helped defend Orlando Bosch, an anti-Castro extremist who was labeled a terrorist by the U.S. government for his purported ties to bombing raids on Cuba. Bosch was held in a Venezuelan prison for years on charges of masterminding the October 1976 bombing of a Cuban airliner that killed all 73 people on board. He was acquitted three times and said he had nothing to do with it, but he supported it. The Justice Department had ordered Bosch deported because of his terrorist ties, but his attorneys negotiated a deal that let him stay in Miami. Cantero appeared on a Miami radio talk show in 1989 and called Bosch a "Cuban patriot." When asked about Bosch, Bush said: "Everybody has a right to an attorney. I have no problems that Raoul was part of the team that represented Orlando Bosch." Cantero applied two years ago to be Bush's general counsel, but Charles Canady got the job. One of Cantero's recommendation letters then noted he was part of a volunteer group of lawyers called "Team Elian," who handled a case involving the famous Cuban refugee, Elian Gonzalez. It's hard to predict what effect Cantero will have on the court. "This court is not one that can be labeled ideologically," said Barry Richard, a Tallahassee lawyer who frequently handles Supreme Court cases. "I don't find this court to be particularly liberal or activist." Bush said he was proud to appoint a Hispanic but stressed it was not his overriding principle. Instead, he said, he wanted a judge who would apply the laws fairly and "not represent any one particular view." Cantero was among four people in line for the Supreme Court seat: Chris Altenbernd, a member of the 2nd District Court of Appeal in Tampa, Circuit Judge Kenneth Bell of Pensacola, and Judges Phil Padovano and Peter Webster of the 1st District Court of Appeal in Tallahassee.
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From the Times state desk
From the state wire
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