The ACLU thought they caught DeSantis breaking the law but this secret move left them eating crow

The ACLU loves targeting Republican governors with frivolous lawsuits.

They thought they had Ron DeSantis dead to rights on a constitutional violation.

The ACLU thought they caught DeSantis breaking the law but this secret move left them eating crow.

The ACLU’s Premature Victory Lap

The American Civil Liberties Union of Florida jumped the gun last Friday when they filed a petition with the state Supreme Court demanding that Governor Ron DeSantis fill a vacant judgeship in North Florida’s Eighth Judicial Circuit.

These professional agitators were convinced they’d caught DeSantis red-handed violating Florida’s Constitution by missing the mandatory 60-day deadline to appoint a new judge.

The ACLU filed their lawsuit on behalf of Gary Edinger, a Gainesville attorney and resident of the judicial circuit, claiming DeSantis had “refused to perform his duty” by the August 3rd constitutional deadline.¹

Florida’s Constitution requires the governor to make a judicial appointment within 60 days after receiving recommendations from the nominating commission.

The commission had sent DeSantis a list of six candidates on June 4 to replace Circuit Judge Mark Moseley, who resigned in April.

DeSantis Drops a Legal Bombshell

But here’s where the story gets delicious.

Later that same Friday, DeSantis’ attorneys fired back with their own legal filing that completely destroyed the ACLU’s narrative.

“Petitioner confidently asserts that the Governor ‘has refused to perform his duty to fill a vacancy on the Eighth Judicial Circuit Court’ by the constitutionally mandated deadline of August 3, 2025. . . . This is false,” DeSantis’ legal team wrote.²

The governor had actually appointed Alachua County Court Judge Kristine Van Vorst to the circuit court position on August 1st – two days before the ACLU’s alleged deadline violation.

https://twitter.com/CryptidPolitics/status/1954150948940521587

DeSantis’ response included his August 1st appointment letter to Van Vorst as proof, completely undercutting the ACLU’s entire case.

The ACLU’s lawyers found themselves in an uncomfortable position – they’d launched a legal attack without verifying the basic facts of their case.

The ACLU Quietly Backs Down

Monday brought a different tune from the ACLU as they filed their notice of voluntary dismissal.

The organization tried to shift focus to transparency concerns rather than acknowledge their procedural failure.

“Florida’s Constitution requires our government operate in the sunshine, not in secret,” they wrote in their dismissal notice.³

The criticism fell flat considering the ACLU’s own admission – they hadn’t contacted DeSantis’ office for clarification before filing suit.

Sources close to the governor’s office noted the ACLU made no attempt to verify the appointment’s status through normal channels before rushing to court.

The Real Stakes Behind the Lawsuit

Look at the timing and the real motivation becomes clear.

Here’s what matters about that August 18th date – it decides whether the new judge runs in 2026 or gets to wait until 2028.

Two extra years without facing voters? That got the ACLU’s attention real quick.

The lawsuit represented an attempt to control electoral timing through judicial pressure rather than genuine constitutional oversight.

Florida law requires appointed judges to appear on the ballot if they were appointed more than a year before the next primary election, which is scheduled for August 18, 2026.

The difference between a 2026 versus 2028 election could give the appointee what the ACLU called “extra two unlawful years” to serve without voter approval.

This Isn’t the ACLU’s First Rodeo

This marks the second time in just over a month that the ACLU has filed a similar lawsuit against DeSantis over judicial appointments.

In July, they sued over a vacancy in the Second Judicial Circuit in the Tallahassee area, only to have that case dismissed after DeSantis appointed Judge Jason Jones on July 17th – two weeks after the legal challenge was filed.⁴

The pattern is clear – the ACLU is using frivolous lawsuits as a political weapon to harass Governor DeSantis and create negative headlines.

The ACLU understands the political value of generating headlines, even when their legal arguments won’t survive scrutiny.

DeSantis Operates Under the Radar

Van Vorst’s appointment to the Eighth Judicial Circuit followed a different playbook than typical gubernatorial announcements.

No social media posts. No press releases. No fanfare.

As of the reporting, Van Vorst’s appointment hadn’t even appeared on the governor’s official website, though the position was marked as filled.

This strategic discretion allowed DeSantis to meet his constitutional obligations while avoiding premature political attacks from leftist organizations.

Van Vorst was originally appointed as a county judge by former Governor Rick Scott in August 2017.

Van Vorst earned both degrees from the University of Florida before working her way up through the system as a General Magistrate and Hearing Officer, dealing with foreclosures, child support, and mental health matters.⁵

What This Really Shows About the Left’s Strategy

This isn’t the first time we’ve seen lawfare tactics deployed against Republican governors who actually get things done.

Endless litigation has become a favored tactic for organizations seeking to slow down effective governors through constant court battles.

DeSantis has developed a track record of anticipating these challenges and addressing them before they become actual problems.

Circuit judges in the Eighth Judicial Circuit earn $196,898 annually while handling serious criminal cases, juvenile matters, and major civil disputes across Alachua, Baker, Bradford, Gilchrist, Levy, and Union counties.

The ACLU’s misstep here reveals something important about their approach to these cases.

The constitutional questions take a backseat when there’s a chance to score political points and grab some headlines.

This case – filed hastily and withdrawn quietly – fits that pattern perfectly.

¹ Jay Waagmeester, “DeSantis did fill vacant judgeship before deadline, despite ACLU lawsuit,” Florida Phoenix, August 11, 2025.

² – ⁵ Ibid.