With the announcement of Justice Anthony Kennedy’s retirement from the Supreme Court, nationwide conversation has been ignited about who will be replacing him. More importantly, the long-debated overturning of Roe vs. Wade would likely be tackled with the appointment of a more conservative supreme court justice.

In Florida, the state Supreme Court is looking at a legal dispute, but Florida Governor Rick Scott’s attorneys are saying that the they should not get involved in whether or not a judge should be elected by voters Governor Scott should appoint a Northeast Florida circuit judge.

In a 30-page response drafted by Scott’s administration attorneys, they argue against a request for the Supreme Court to block an appointment until all underlying legal issues are resolved. The case being whether or not Governor Scott should appoint a replacement from Judge Robert Foster, retiring 4^th Judicial Circuit Judge.

In the response, they argue that “the undisputed facts establish that Judge Foster’s resignation was tendered and accepted by the governor before the election process commenced at the beginning of the candidate qualifying period.”

In addition, they argue that “The governor is therefore constitutionally authorized and obligated to fill the vacancy by appointment, and the secretary of state is prohibited from qualifying candidates for a judicial seat that will not be filled by election.”