Florida judge dismisses lawsuit against Ron DeSantis for flying migrants to Martha's Vineyard: report

A Florida judge on Wednesday dismissed a lawsuit filed against Republican Governor Ron DeSantis over his controversial decision to fly asylum seekers to Martha's Vineyard, Massachusetts last September using taxpayer funds, the Miami Herald reported.

State Senator Jason Pizzo (D-38th District), who believes that DeSantis' actions were unconstitutional, sued DeSantis "and the Florida Department of Transportation in his capacity as a private citizen, arguing that funding for the controversial flights improperly used an appropriations bill — the 2022-23 state Appropriations Act — to create a substantial new program instead of authorizing it through a separate law," the Herald explained.

But lawyers for DeSantis maintained that he was within his authority to transfer migrants to so-called "sanctuary states" because Republicans amended the law to grant him that power.

READ MORE: Taxpayers footed the bill for DeSantis to fly migrants to Marthas Vineyard: report

"By repealing (the section) the Legislature effectively gave plaintiff (Pizzo) precisely what he requested. It eliminated the challenged appropriation, which allegedly amended substantive law, thereby ensuring it cannot be used to transfer unauthorized aliens," they said, per the Herald.

This, they told Leon County Circuit Court Judge John C. Cooper, means that Pizzo's accusations were moot.

Pizzo, who agreed to drop the suit, conceded as much, stating that "for the governor of the third largest state in the country to beat his chest about how great the program is and how wonderful it is, it was probably not easy for him to have to swallow the fact that the Legislature had to go in and clean up and repeal that same thing. We got what we asked for."

Cooper heard seven minutes of arguments before clarifying that his ruling "should not be taken as a determination whether the appropriations bill was constitutional or not constitutional."

READ MORE: 'This bill is indefensible': DeSantis' measure to fly 'migrants from state to state' approved

The Miami Herald's full report is available at this link (subscription required).