Fortunately for the delicate balance of democratic government in Vermont, Gov. Phil Scott’s idea of executive overreach isn’t nearly as bad as Donald Trump’s. But that’s kind of like saying the flu is preferable to cancer. You’d rather not get either one, really.
But the governor’s unilateral imposition of new rules for the General Assistance Emergency Housing program prompted a sharp rebuke from the Legislature’s top lawyer. As reported by VTDigger/Vermont Public reporter Carly Berlin, Legislative Counsel director Brynn Hare has deemed Scott’s action “an unconstitutional encroachment on a core function of the Legislature.” Further, she said, his action is “the latest in a disturbing trend of actions by the Administration that flagrantly and unconstitutionally intrude on the authority of the General Assembly.” That trend also includes his appointment of Zoie Saunders as interim Education Secretary after the Senate had rejected her nomination, and his unilateral action authorizing the sale of “Vermont Strong” license plates after the flood of July 2023.
Which is ironic, don’t you think, considering that Scott has been obsessively jealous of the separation of powers when it’s in his interest. He has vetoed a whole bunch of bills on the sole basis that they allegedly intruded on the power of the executive. Well, shoe’s on the other foot now, governor.
Specifically, Hare said Scott’s action in extending GA housing eligibility for some, but not all, of those eligible under winter rules “directly and intentionally conflicts with the actions of the Legislature in favor of the Governor’s policy preference.”
Also, as Berlin notes, Scott press secretary Amanda Wheeler “did not directly refute the letter’s assertion of executive overreach and unconstitutionality.” Instead, Wheeler offered the Legislature a very Phil Scottish “compromise” — that they accede to the governor’s, um, unconstitutional action by adopting his rules in a revised Budget Adjustment Act.
Yup, that tracks with Scott’s definition of “come to the table.” Which is, “come to my table and do exactly what I want.”
Senate President Pro Tem Phil Baruth told Berlin that his caucus would not comply. But when asked if a lawsuit is in the works, he demurred: “I have not pursued that path.”
Well, if he wants to defend the powers of the Legislature, maybe he ought to pursue that path. Otherwise the governor’s actions will go unchallenged, doubtless encouraging him to make further encroachments on the core functions of the Legislature.
The air quotes around “Governor Nice Guy” just keep getting bigger and bigger.
The Vermont Political Observer. 
Considering the Vermont Supreme Court ruled Saunders’ appointment constitutional, the case might not be the best example of executive overreach. Also, who gets riled up about license plates? It doesn’t appear we are in the presence of Clarence Darrow. Apparently, counsel spent too much sampling the product during their time on the Cannabis Control Board.
The license plate thing is #3 in the list of ingredients. I do think Counsel has a valid point, which is not to say the Judiciary will feel strongly enough about it to intervene.
Vermont’s Supreme Court ruled the current question was moot because a process that was recognized as constitutional replaced the prior questionable process. Nobody has ruled that Scott’s appointment of Saunders directly after she was appointed was constitutional.
This is just a continuation of what I have said before- Phil Scatt is Vermont’s Donald Trump.
Change my mind as they say.