JACKSONVILLE, Fla. — Florida’s Attorney General is defending his opinion that declared more than 80 state laws aimed at promoting minority hiring and representation unconstitutional.
Those laws cover everything from grants for minority-owned businesses to scholarships for minority students.
Attorney General James Uthmeier defended the timing of his opinion, which was released on Martin Luther King Jr. Day.
“It seemed like a fitting day because his vision at the end of the day was to ensure that nobody would get discriminatory, favorable treatment based on the color of their skin,” said Uthmeier.
The opinion and the decision to release it on that particular holiday generated significant backlash from state Democrats like State Representative Anna Eskamani (D-Orlando).
She argued the impacted policies are intended to repair historical harms inflicted by discrimination, not to reinforce discrimination.
“To make that announcement on Dr. King Day, intentionally disrespectful and really just a political whistle to a base of voters that are attempting to erase Dr. King’s legacy, whitewash it and ignore the realities of racism as we see it today,” said Eskamani.
Democrats also compared the Attorney General’s move to previous cases where state’s attorneys were removed by the Governor for indicating they would not enforce certain state laws.
Uthmeier argued that the situations are not comparable.
“That is law that has not in any way been challenged. Saying I’m not going to enforce immigration laws when they’re on the books, indisputably on the books, that is wrong. That’s an abdication of responsibility,” said Uthmeier. ”What I am doing is implementing the United States Constitution.”
But Eksmani argued a single leader should not have the power to waive away state laws with the stroke of a pen.
“And if he can do it in this context, what’s to stop him from doing it in other contexts? I mean, the president that it establishes is so concerning,” said Eskamani.
There have also been questions surrounding whether the AG’s opinion ties the hands of state agencies responsible for carrying out the 80+ laws.
Uthmeier advised those agencies should not continue to abide by those laws and noted state lawmakers are considering legislation that would codify his opinion in state statute.
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