Is Rick Scott likely to win Supreme Court decision on High Speed Rail?
03/04/2011
Crowley Political Report has not sat in on a major Florida Supreme Court hearing since 2000 when there was a little squabble between Al Gore and George W. Bush.
And it is always dicey to interpret judicial intention from the questions justices ask and their body language - especially while watching on live web feed.
Still, when the justices issue their opinion today in the High Speed Rail case, it would be a surpise if they did not side with Gov. Rick Scott.
The justices appeared to struggle with the notion that Scott had violated the constitutional seperation-of-powers when he told the Obama administration that he did not want $2.4 billion pegged to building a high speed rail between Tampa and Orlando.
Scott thinks the whole project is folly and a waste of money. The folks in Tampa, Orlando and the burgs in between disagree.
Two Florida senators, Arthenia Joyner, D-Tampa, and Thad Altman, R-Melbourne, filed suit Tuesday challenging Scott's authority to refuse the federal dollars.
The argument is that the Legislature already approved building the train, has already appropriated $130 million, and the only role of the governor at this point in the transaction is ministerial.
Scott disagrees.
Several of the justices seemed puzzled by the whole issue.
"What you're telling us is that we have to piece together about 10 different statutes and exhibits and do it by 9 o'clock tomorrow morning,"said Justice Barbara Pariente. "I cannot clearly see the legal way. I see the frustration that those in favor of this rail system have. It's clearly frustrating to have the governor come in and do this."
Despite that frustation, Pariente seemed to suggest that the remedy is in the Legislature not the courts. "It's up to the Legislature to decide whether they want a continuing appropriation or not," she said.
But that p0int seemed to have little to do with the larger question - did Scott overstep his authority by ignoring the stated will of the Legislature?
"Isn't that your point? That the Legislature can turn it down or they can keep it, but the governor can't?" Justice James E.C. Perry asked attorney Clifton McClelland who was representing the two state senators.
"Isn't the governor mandated by the Constitution to carry out the statutes and laws of the Legislature?" Perry asked. "The Legislature said, 'Let this be.' The governor said, 'No.' Isn't that in fact a veto?"
We will get the answer to that question today.
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Art by Patrick Crowley
Ya know what? The people of Florida let this Nut Bag buy his way to the top so now they can just deal with it. Wake up America, the Tea Part are a bunch of Wack Jobs!
Posted by: Kris | 03/04/2011 at 10:11 AM