For the first time in Florida history there is an organized effort to kick three Supreme Court justices off the bench.
A 2010 ruling on a health care ballot question is at the center of a campaign to reshape the state's Supreme Court.
"What if we could shake the establishment to its core and take back the last liberal stronghold?" asked former Sen. Alex Villalobos.
Restore Justice 2012 is trying to make history using merit retention to boot not just a judge, but a Supreme Court justice. The targets: Justices Fred Lewis, Peggy Quince and Barbara Pariente.
Restore Justice is targeting the justices because they ruled against a ballot question aimed at banning the new federal health care law in Florida. The group claims it was a political decision.
"It was a political issue that the legislature wanted placed on the ballot dealing with Obamacare," Villalobos said.
The justices say the ballot language was misleading.
During a conference call Tuesday, members of a rival group, Defend Justice from Politics, defended the ruling.
Fueling the debate are these competing reports: One from The Florida Bar gives the justices a 90 percent job approval rating among Florida attorneys, but one from Restore Justices gives them all Fs.
Former American Bar President Sandy D’Alemberte says the failing grades are based on poor data. D’Alembert adds merit retention is a tool to remove incompetent judges, not a means to vote out judges you disagree with.
"There are people who disagree with their opinions. I disagree with some of their opinions, but that doesn’t mean they are not qualified to serve," D’Alemberte said.
Voting these justices off the bench will politicize the process and in Florida justice will no longer be blind, D’Alemberte argues.
Judges are up for merit retention every six years during the General Election. They have no opponent, but to keep their job they have to get a majority vote.
Many Florida voters skip the merit retention questions. In 2010, a million people who cast ballots for governor left the merit retention questions blank.