
Well, I didn’t expect to be recycling this cheeseball graphic so soon, but here we are with House leadership violating one of the fundamental rules of running a legislative body. Last time it was letting the minority Republicans win something for the first time in (per Rep. Mark Higley) 18 years. This time it’s depending on Republican votes to pass a major bill because a solid majority of Democrats wanted to change it.
Whatever the merits of the bill in question, this is another case of leadership malpractice. If you can’t convince your members to go your way, then run to the front of the pack and at least pretend you’re leading.
The bill, S.208, passed the Senate as a ban on police personnel — local, state, federal — wearing masks or otherwise concealing their identities, and requiring the wearing of visible identification. The House Judiciary Committee removed federal police from the bill because a court decision struck down a similar California law, and Judiciary felt that S.208 would suffer the same fate.
But when the bill went to the full House, it became clear that most Democrats preferred the Senate version. House leadership repeatedly postponed a floor vote as it sought a way forward for the House Judiciary version. Apparently they gave up, because the vote finally happened on Wednesday. A proposed amendment to restore the Senate version came before the House, and more than two-thirds of voting Democrats bucked leadership and voted for the amendment.
Now, that’s embarrassing.
The amendment was only defeated because an overwhelming number of Republicans voted “No” — which was a vote in support of Democratic leadership’s position.
The crucial vote was 65 in favor of amending S.208 and 77 against, with the remainder absent or not voting. Caveat: I took on the tedious task of tabulating the partisan breakdown of the roll call, and my figures may be off slightly. But by my count, 54 of the 77 “No” votes were cast by Republicans. The remainder came from Democrats. By contrast, 52 Democrats voted in favor of restoring the Senate bill. In short, the bill would have failed if not for the strong support of minority Republicans.
Many of the Democrats who voted with leadership are members of leadership themselves, as committee chairs or caucus officers. The rank and file refused to go along with the watered-down S.208 passed by House Judiciary and backed by caucus leadership.
Again, embarrassing.
And a missed opportunity, politically speaking. There’s a perfectly valid argument that passing the Senate version of S.208 is a meaningless gesture because the courts would likely strike down a state’s attempt to govern the activities of federal law enforcement. Which assumes that Gov. Phil Scott wouldn’t veto the thing for exactly those reasons. I get all that.
However.
Is this a time to pull in our horns and be strictly practical? Or is this a time to make a statement about masked, anonymous officers terrorizing Vermonters? Is this a time to make a stand agains the excesses of immigration enforcement under Trump? Is this a time to show support to communities in Trump’s crosshairs — people of color, LGBTQ+ folk, and the like?
Is it worth the expense of defending the law in court if need be, and probably losing?
To me, the first answer is “No” and the rest are all “Yes.” A strong majority of Democrats agrees with me, so much so that they were willing to buck their leadership and abandon the work of their colleagues on House Judiciary.
Passing a clean version of S.208 and forcing the governor’s hand would also be a political win for Democrats. It would have energized the Democratic base, which is ardently anti-Trump and anti-ICE. And you know, the political dimension is kind of important — especially in an election year.
Your mileage may vary. But whether you would have voted for or against the Senate version of S.208, the fact remains that House leadership lost its members on a key measure. That is, at the risk of repeating myself, embarrassing.

Thank you John. The idea that “we should not do that because the Governor is just going to veto it anyway” is a terrible mindset for sure. How are voters supposed to tell the difference or become motivated to vote or even better, get active?
I particularly liked your connection to the national calamity.
I am wondering if you have heard about Tad Stoermer? He is a national historian who wrote a book called Resist (or resistance?). He posts a piece every day about the current national political collapse into authoritarianism and what event or action happened in the US today that has a mirror to the past. He often points out the ways people fought to thwart authoritarianism before it became too late.
A few weeks ago, when Sarah George announced her decision on the protesters and the police from the March 11th Ice raid in South Burlington he tied his post to Sarah’s work and pointed out that a few people in key positions have stood up at certain moments in the past. And Sarah is an example of someone who did it today.
Your piece made me think of that in juxtaposition to the legislative leadership who does not get how to fight back at all.
Have a great day!
David
David Zuckerman
Owner of Full Moon Farm, Hinesburg, VT Lt. Governor of Vermont (2017–2021, 2023–2025) Vermont State Senator, Chittenden District (2013–2017) State Representative, Chittenden 3-4 (1997–2011) david@zuckermanforvt.com | Cell: (802) 598-1986 Facebook https://www.facebook.com/zuckermanforvt | Instagram https://instagram.com/zuckermanforvt | X (Twitter) https://twitter.com/zuckermanforvt | Bluesky https://bsky.app/profile/davidzuckermanvt.bsky.social | LinkedIn https://www.linkedin.com/in/david-zuckerman/
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John:
You’ve mixed 2 issues here which I think deserve separate attention.
The first issue is the one in the headline: whether it is “embarrassing” for leadership to lose a vote. About that, I respectfully disagree. I am well aware that what you describe is one style of leadership in a legislative body (e.g. LBJ or Ralph Wright). But in the end, it is highly undemocratic (small d) and raises Speaker to a position well above all remaining House members. THEY elect the speaker, but we the people elect them. (There’s a whole further discussion to be had about how parties fit into all of this).
To be clear, it isn’t the word “embarrassing” that I’m taking issue with but rather the whole issue of how much power leaders in a legislative body should be given or even want to be given.
At some point, of course, if leadership concedes too much power, it becomes ineffective, but I do not see this bill as evidence of that, nor do I believe there’s a slippery slope at play here.
On the merits of the bill, while I acknowledge that there are arguments to be made about the Constitutionality of a State blocking federal officials from wearing masks, I don’t regard them as at all clear cut or obvious and in any case, I agree entirely with you on the substance of the bill. I would have joined the 52 Ds who voted against the amendment.
exactly!!! clean house dems! need backbone! and all save two voted to confirm murad despite his abysmal recruiting and safety record as burlington police chief and the racially charged incidents under his leadership. embarrassing indeed!