In a significant legal development, Judge Robert Mello is expected to announce a decision today regarding the lawsuit filed by Senators Tanya Vyhovsky and Dick McCormack against Governor Phil Scott and Interim Education Secretary Zoie Saunders.
The case centers on the legality of the governor’s reappointment of Saunders after the Vermont Senate voted 19-9 against her confirmation.
The lawmakers argue that the governor cannot reappoint an interim secretary after a rejection by the Senate within the same biennium, asserting that such actions undermine the legislative checks and balances.
They contend this situation represents a misuse of executive power, having been exploited by both Democratic and Republican governors in the past.
Attorney John Franco, representing the senators, emphasized the need to prevent a loophole that would allow governors to bypass Senate confirmation, creating what he termed a Groundhog Day problem.
On the other hand, Assistant Attorney General David Golubock, defending the governor’s actions, argued that Vermont’s appointment system has functioned effectively for years and that there are no statutes prohibiting the reappointment of the education secretary in this context.
He described the dispute as primarily political rather than a constitutional issue.
During the remote hearing, Judge Mello acknowledged the urgency of the matter, indicating a desire to expedite the legal questions to the Vermont Supreme Court, regardless of the outcome of today’s decision.
While the case is poised to continue to higher courts, Saunders will remain in her interim role, conducting a “listen and learn” tour in the meantime.