| | | | |  | | By Gary Fineout | Hello and welcome to Thursday. Context — Florida Democrats have tried to place a major focus on abortion this year. In the closing days before the midterm elections, including in newly launched ads, Charlie Crist has faulted Gov. Ron DeSantis for signing a 15-week ban on abortion into law that had no exceptions for rape or incest. Litigation under way — That law drew a legal challenge contending that it runs afoul of Florida's stand-alone privacy clause in the constitution. It was this clause that was used to slap down abortion restrictions in the past, including an important ruling in 1989. Yet Attorney General Ashley Moody — who is running for reelection — has argued that the state's highest court should reverse this more than 30-year-old decision and uphold the new law. Election time — Five of the seven state Supreme Court justices who will decide whether to go along with Moody are also on the ballot next week, where voters will be asked whether to retain the justices for another six years. Included on the list of those up for retention are Justice Charles Canady, who backed abortion restrictions when he was a member of Congress. Canady was appointed to the high court by Crist when he was a Republican governor. A mystery — Now what's interesting about this looming vote on the justices is that back in September the high court issued a ruling related to the legal challenge — then retracted it hours later — contending it was a staff error. That ruling, in essence, turned down a request to block enforcement of the new abortion law while litigation was in play. But then the court asserted no decision has been made. Tick, tick, tick — But that was nearly two months ago, and there's been nothing out of the court since then as a vote on the justices comes ever closer. Some observers contend that the decision released in error is telegraphing what the court will eventually do, but yet… Behind the scenes — In recent months, there have been other bits of interesting information revealed about the court, including that Chief Justice Carlos Muñiz — a DeSantis appointee — exchanged text messages with John Stemberger, an anti-abortion advocate and the head of Florida Family Council. Records obtained from the court show that Stemberger reached out to Muñiz about an annual visit to Tallahassee by "pastors, pregnancy center directors, students and supporters" that usually include a visit to the court chambers and a meeting with a justice. Muñiz met with the group in January, which was first reported by Florida Bulldog. Remember this — When liberal justices controlled the court, Republicans vented that the state Supreme Court was too activist and rendered decisions designed to meet a political agenda. The court is now controlled by conservative justices who have already shown a willingness to reverse rulings issued by those previous courts. The question is when it will happen — and whether it will be after voters have decided whether to retain several justices. — WHERE'S RON? — Nothing official announced for Gov. DeSantis. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com
| | | | NEW AND IMPROVED POLITICO APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. With a fresh look and improved features, the sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don't miss out on the app you can rely on for the news you need, reimagined. Already a POLITICO app user? Upgrade today! DOWNLOAD FOR iOS – DOWNLOAD FOR ANDROID . | | | | | |  | CAMPAIGN MODE | | PIVOT? — " GOP insiders are starting to doubt Ron DeSantis would actually take on Trump ," by Vanity Fair's Gabriel Sherman: "But according to four prominent Republicans, DeSantis appears to be reconsidering his plans to run. Sources told me DeSantis recently indicated to donors that he would not challenge Trump for the Republican nomination. 'He's led them to believe he will not run if Trump does,' a Republican briefed on the donor conversations told me. Another source told me DeSantis's calculus is that, at age 44, he can easily wait until the next presidential cycle, so why risk a brutal primary fight against a pugilist like Trump? 'He can walk into the presidency in 2028 without pissing off Trump or Florida,' the source said." CLOSING MESSAGE — " Val Demings focuses on abortion in Tampa on stop supporting Janet Cruz ," by Tampa Bay Times' Romy Ellenbogen: "U.S. Rep. Val Demings stopped in Tampa on Wednesday to offer her political heft to embattled state Sen. Janet Cruz as both Democrats near the end of their competitive races. The get-out-the-vote news conference organized by state Senate Democrats doubled in part as a campaign stop for Demings, who is running for U.S. Senate against Republican incumbent Sen. Marco Rubio. The event focused on how the Democratic candidates would protect abortion access. 'We have a direct obligation to make sure we build a state and a nation where dreams can come true for our children and our grandchildren,' Demings said." ON THE TRAIL — " Charlie Crist describes Biden as 'ageless' and full of energy, depicts DeSantis as a cowardly bully ," by South Florida Sun-Sentinel's Anthony Man: "Democratic gubernatorial candidate Charlie Crist described President Joe Biden on Wednesday as an inspiring and "ageless" political leader, who demonstrates inspiring energy. And he depicted the man he hopes to unseat, Republican Gov. Ron DeSantis, as a cowardly bully who displays a false machismo. Crist offered the assessments — using the most Democratic-blue tinted partisan glasses possible — as he brought his 'Choose Freedom' tour to Broward County as the campaign season draws to a close." HELPING OUT — " DeSantis looks to shore up Utah Sen. Mike Lee in new ad ," by NBC News' Marc Caputo: "As he eyes a possible White House bid, Florida Gov. Ron DeSantis has stepped up his national endorsements and just cut a new TV advertisement for an out-of-state Republican, Utah Sen. Mike Lee. Polling in Utah is scarce because it's a Republican state and few expect Lee to lose to his independent challenger, Evan McMullin. But the conservative Club for Growth Action political committee has spent as much as $8 million on the race just in case, and it's financing this DeSantis ad that begins airing Wednesday in Utah." CAMPAIGN ROUNDUP — Crist is spending at least $1 million on a new ad that features female voters who are Republican, Democrat and independent explaining that they are supporting Crist over DeSantis due to Crist's position on abortion. "We need to elect Charlie Crist if we want to protect our freedom to choose," one woman says in the ad. The ad notes that DeSantis signed a law banning all abortions after 15 weeks of pregnancy with no exceptions for rape or incest. The ad then contends DeSantis will push a complete ban on abortion if reelected. DeSantis has called for "additional restrictions" but has yet to explain what exactly he will support. … First lady Casey DeSantis announced at a campaign rally in Pasco County that more than 1.1 million mothers have signed up to be part of "Mamas for DeSantis," an effort she launched back in May to help rally support for her husband's reelection. … Rep. Val Demings will hold a gun violence discussion on Thursday in South Florida with Rep. Robin Kelly (D-Ill.), Sen. Chris Murphy (D-Conn.), Fred Guttenberg, Giffords Florida state director Samantha Barrios, and state Rep. and former mayor of Parkland Christine Hunchofsky. … Animal Wellness Action , an organization that pushes for laws that protects animals, endorsed Reps. Maria Elvíra Salazar and Carlos Gimenez for reelection. … Blue Dog PAC endorsed Eric Lynn, the Democratic nominee for Florida's 13th Congressional District. 'IT HAS TO BE UP TO ALL OF US' — " On track to be the first Gen Zer in Congress, a Florida Democrat hopes to boost his party's future while remembering his family's past ," by Boston Globe's Lissandra Villa Huerta: "The district centered around Orlando is a stronghold for Democrats in Florida, a state where the party has had a bad run in recent elections. Asked about Democrats' troubles in the state, Frost pointed to the success of progressive measures such as the 2020 ballot initiative to increase the state's minimum wage to $15, and the 2018 governor's race that Republican Ron DeSantis narrowly won. 'I don't think any state is worth giving up on,' Frost said. 'Look at Kansas,' where a referendum to protect access to abortion easily won this summer. Democrats need to play a long game, he argued, and the work takes years and consistent investment." | 
Maxwell Frost, Democratic Congressional candidate for District 10, speaks during a rally held by the Latino Victory Fund, Thursday, Oct. 20, 2022, in Coral Gables, Fla. The midterm elections are November 8. | Lynne Sladky/AP Photo |
THE LUNA FILES — " An MTG ally takes on a moderate Jewish Democrat in FL-13 ," by Jewish Insider's Gabby Deutch: "In an interview with Jewish Insider on Tuesday, [Anna Paulina] Luna, who is running to represent Florida's 13th District, stood by [Rep. Marjorie Taylor] Greene and argued that her past comments may have been taken out of context, and that her support for Israel suggests she is not antisemitic. 'MTG did endorse me, and I was raised as a Messianic Jew by my father,' said Luna, who added that she identifies as a Christian. 'I am also a small fraction Ashkenazi. If she were antisemitic, why did she endorse me?' Luna argued that she would not associate with someone who is antisemitic. 'I in no way, shape or form would ever put myself in a position where I'm hanging out with someone like that, and so I just don't see that Marjorie Taylor Greene is that person,' said Luna, who is 33."
BY THE NUMBERS — More than 3.3 million people have voted ahead of the Nov. 8 election, according to the latest information on the state Division of Elections website. More than 2.1 million people have voted by mail so far. Of those, 903,246 have come from Democrats and 781,127 have come from registered Republicans. Overall, there are more than 2.2 million mail ballots that have been requested but not yet returned. Of those, more than 975,000 are held by Democrats and more than 653,000 are with Republicans. More than 1.2 million people have voted early. That includes 644,890 Republicans and 345,876 Democrats. The totals numbers show that nearly 177,000 more Republicans have voted than Democrats. — " Latinos could have a record number of seats in Congress after midterm vote ," by NBC News' Suzanne Gamboa — " Senate District 10: Ad falsely claims Democrat seeks to 'criminalize parents ,'" by Orlando Sentinel's Annie Martin — " Governor DeSantis makes final election push in Pasco County ," by Fox 13's Haley Hinds
| | THE GUNSHINE STATE | | LOCKED UP — " Parkland school killer formally sentenced to life in prison ," by The Associated Press' Terry Spencer: "Parkland school shooter Nikolas Cruz formally received a sentence of life without parole Wednesday after families of his 17 slain victims spent two days berating him as evil, a coward, a monster and a subhuman. Cruz, shackled and in a red jail jumpsuit, watched Circuit Judge Elizabeth Scherer as she pronounced 34 consecutive life sentences — one each for the slain and the 17 he wounded — for the Feb. 14, 2018, massacre at Marjory Stoneman Douglas High School in suburban Fort Lauderdale. The judge's voice broke as she read the first of the sentences, but her voice gained strength and volume she moved down the list. Cruz showed no emotion as she spoke."
| | | | DON'T MISS POLITICO'S 2nd ANNUAL DEFENSE SUMMIT ON 11/16: The United States is facing a defining moment in the future of its defense, national security and democratic ideals. The current conflicts and developments around the world are pushing Washington to reshape its defense strategy and how it cooperates with allies. Join POLITICO for our second annual defense summit, "At a Crossroads: America's Defense Strategy" on November 16 in person at the Schuyler DC or join online to hear keynote interviews and panels discussing the road ahead for America's national security. REGISTER HERE . | | | | | | | ... DATELINE TALLAHASSEE ... | | A FEW MORE DETAILS — " Before DeSantis could say he kicked migrants out of Florida, he had to pay to fly them in ," by Miami Herald's Mary Ellen Klas: "The records obtained by the Florida Center for Government Accountability show, among other revelations, that the president of Destin-based Vertol Systems Company, Inc. was not only on the plane when his company flew migrants out of Texas to Massachusetts on Sept. 14, but he and the governor's 'public safety czar,' Larry Keefe, were intimately involved in the plan to justify using Florida funds for the Texas covert op. The flights carrying migrants from San Antonio to Martha's Vineyard made a 30-minute pit stop in the Panhandle town of Crestview. It was a convenient spot for Keefe, a former U.S. attorney and his former client in private practice, Vertol President James Montgomerie, who would be dropped off in the vicinity of their homes." — " Despite no reports of fentanyl in Halloween candy, Ashley Moody spox says warnings sparked "important conversation ," by Florida Politics' A.G. Gancarski — " Ashley Moody wants higher state salaries for 'top legal talent ,'" by Florida Politics' Gray Rohrer
| | TRUMPLANDIA AND THE SWAMP | | 'IT'S OUR BEST SHOT' — Trump lawyers saw Justice Thomas as 'only chance' to stop 2020 election certification , by POLITICO's Kyle Cheney, Josh Gerstein and Nicholas Wu: Donald Trump's attorneys saw a direct appeal to Supreme Court Justice Clarence Thomas as their best hope of derailing Joe Biden's win in the 2020 presidential election, according to emails newly disclosed to congressional investigators. "We want to frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt," Trump attorney Kenneth Chesebro wrote in a Dec. 31, 2020, email to Trump's legal team. Chesebro contended that Thomas would be "our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress." | 
Associate Justice Clarence Thomas joins other members of the Supreme Court as they pose for a new group portrait, at the Supreme Court building in Washington, Friday, Oct. 7, 2022. | J. Scott Applewhite/AP Photo | ASK — " Make Donald Trump pay $1M-plus in sanctions over lawsuit, Hillary Clinton, other Democrats ask judge ," by Palm Beach Post's Jane Musgrave: "Hillary Clinton and other Democrats are seeking more than $1 million in sanctions against former President Donald Trump for filing a racketeering lawsuit against them that a federal judge blasted as a '200-page political manifesto' that lacked any legal foundation. In a 32-page motion filed Monday in U.S. District Court in West Palm Beach, attorneys for Clinton said Trump should be forced to pay the legal expenses she and others incurred after he accused them of conspiring to spur the investigation into whether he colluded with Russia." — " Trump settles lawsuit filed by protesters over 2015 scuffle ," by The Associated Press
| | PENINSULA AND BEYOND | | PUSHING BACK — " Hillsborough balks at honorary pitch from 'unelected, temporary' state attorney ," by Tampa Bay Times' C.T. Bowen: "The dispute over removing Hillsborough County prosecutor Andrew Warren from office spilled into the County Commission chambers Wednesday when the board unanimously delayed a request from Warren's successor to honor a former colleague. Hillsborough County State Attorney Susan Lopez had sought commission permission to rename a conference room in a county courthouse after former Chief Assistant State Attorney Michael Sinacore. But Commissioner Mariella Smith, a Democrat, as is Warren, said the item shouldn't be considered until there is an 'elected, permanent' state attorney holding office." — " Sarasota man tried to fraudulently donate $3 million to ESPN's Dick Vitale for cancer research ," by Sarasota Herald-Tribune's Melissa Pérez-Carrillo — " Appeal court stands by ruling against Orange rent-cap vote, won't rehear arguments ," by Orlando Sentinel's Stephen Hudak
| | ODDS, ENDS AND FLORIDA MEN | | — " Ex-deputy Zach Wester drug-planting victims to share in nearly $1 million settlement ," by Tallahassee Democrat's Jeff Burlew: "The victims of Zach Wester, the ex-North Florida deputy convicted of planting drugs on innocent drivers, will share in a nearly $1 million federal court settlement, sources have told the Tallahassee Democrat. More than 30 people who were arrested by Wester, a former deputy with the Jackson County Sheriff's Office, and later sued agreed to the settlement Oct. 11 at the conclusion of a daylong conference in U.S. District Court in Pensacola. Terms of the settlement were not publicly released at the time and still have not appeared in court documents. However, the Democrat confirmed that the amount is just shy of seven figures." BIRTHDAYS: State Rep. Susan Valdes … University of Florida President W. Kent Fuchs … former state rep. Delores D. Hogan Johnson … Former state senator Jack Latvala | | | | Follow us on Twitter | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Ottawa Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | | |
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