Scott's lawyers: Senators action separation of powers would destroy

Scott’s lawyers: Senators’ lawsuit would shred separation of powers
Uncategorized ? posted by aaron deslatte on March, 2 2011 12:27 PM Discuss This: Comments(7) | Add to del.icio.us| Digg it

TALLAHASSEE — Gov. Rick Scott’s legal team is?taking shots at the?two state senators who sued to force him to accept $2.4 billion in federal high-speed rail funds — calling them “State Senators whose policy preferences have not prevailed in the political process.”

The governor’s legal argument supporting his decision to pull the plug on the rail project –?filed by Scott general counsel Charles M. Trippe to meet today’s noon deadline –?argues that Sens. Thad Altman, R-Viera, and Arthenia Joyner, D-Tampa, are asking the Florida Supreme Court to take ownership of a massive, $2.7 billion public works project instead of settling a question of law.

“Petitioners … ask this Court to step into, and take over, the planning, implementation, and operation of a proposed high-speed rail line. The proposed line can only be described as a colossal undertaking: a $2.4 billion, 30-year construction and operations project that would require the ongoing involvement of, and coordination by, the Legislature and numerous Executive agencies under the control of the Governor,” the brief says.

“Governor Scott believes that he is responsible to the taxpayers of Florida. Governor Scott has announced, repeatedly and in no uncertain terms, his determination that the high-speed rail project is not wise policy and that it will ultimately prove detrimental to the taxpayers of this State. This is a decision, by virtue of his election and his constitutional authority, that the Governor is entitled to make.”

Scott’s team goes on to write that because lawmakers haven’t actually appropriated the vast majority of the federal money behind the project, if the court steps into the fight it would “render the separation-of-powers doctrine utterly meaningless.”

“This point becomes readily apparent upon consideration of two critical facts that Petitioners mischaracterize in their papers,” Scott’s lawyers write.

“First, of the $2.4 billion in federal funds at issue, the Legislature has not enacted an appropriation for $2.27 billion of those funds. Thus, to grant Petitioners their requested relief-the application of all proposed federal funds to a high-speed rail project-this Court would have to (i) order the Legislature to enact specific appropriations for some $2.27 billion, (ii) order the Governor not to veto such legislation, and (iii) order the Legislature, if the Governor does veto the legislation, to override that render the separation-of-powers doctrine utterly meaningless.veto. It goes without saying that such an unprecedented order would render the separation-of-powers doctrine utterly meaningless.

“Second, Petitioners ignore that the federal government has declared it will only transmit these funds to Florida if the Governor expresses unequivocal and unqualified support for high-speed rail. This, the Governor has made clear, he will not do.”

Read the whole brief here.

Add a comment Comments

Scots legal response is one long political statement.

It effectively insults the state courts, the legislature, the prior governor, the past speakers of the house and senate and any Florida citizen over the past 30 years who has taken part in this process.

Basically what Scott and his team is saying is “Screw Florida we make the rules now”.

Reply Posted by: FloridaCorey |Wednesday, March 2, 2011 at 12:59 PM

That’s true Corey. I can’t explain it any better.

Reply Posted by: R. Noel |Wednesday, March 2, 2011 at 1:22 PM

Yeah, you said it.

Reply Posted by: Sheila Drake |Wednesday, March 2, 2011 at 1:37 PM

“Screw Florida we make the rules now”…….. Is exactly what he’s saying. I guess it doesn’t matter when he’s not the one who will ever be utilizing the rail because his plane rides and luxury vehicles will get him there just fine. He doesn’t have to worry about having this resource opportunity to find employment in another location while being able to make it home for supper, because Floridians just gave him a nice cushiony job that he’s already using to deflate our moral and sense of political trust.

Reply Posted by: Curve |Wednesday, March 2, 2011 at 1:55 PM

DCF is killing our children in Florida. Cocaine 2 days ago in a “DCF home investigators car, with her in the car.” A half dead Miami boy, and his dead sister last week, WKMG whom I warned 2 years ago, with Gov Crist and DCF supervisors of their lies to your face, and then false paperwork filed, which is a 180 of what was said in person. Dont forget the abuse the Ex has done to her, but the lady, from the DCF IG, told my mother, its my negative comments, about her father;(The Abusive wife beater,NASA guy)..As to why I have not been able to see, or speak to my 8 year old daughter in over 60 days. And I will never have custody; (I raised her 24/7 for 6 years) REALLY? Not the abuse she has seen, of him almost killing me, or the abuse/injuries at his place? DCF screaming, taking her from Then, K-1st grade, and then in court lying, with a date/time stamped photo, to cover their butt? Nor the Parental Alienation? Abuse, emotional and physical trauma, and now she clearly has Stockholm syndrome. Anyone is better than he is. I love her THAT much! Please help Florida and our children! New Florida Governor Rick Scott is killing State government jobs, the high speed rail system, and all to, may be put the millions/or was it a billion, back into his pocket. All at the Florida Citizens’ and State employees’ expense. IMPEACH RICK SCOTT FLORIDA!

Reply Posted by: Sara Conner |Thursday, March 3, 2011 at 3:26 AM

It is screwy that Respondent’s misinformation and double-talk suggests 1) that (FEDERAL) funds have not been “appropriated” by the State Legislator and that 2) “the federal government has declared it will only transmit these funds (“appropriated by the State Legislature”…really now) to Florida if the Governor expresses unequivocal and unqualified support for high-speed rail” & 3) “Several of the seven justices said they would be concerned with the governor blocking the project only if the full $2.4 billion had already been appropriated by lawmakers” when the basic issue simply is “the governor doesn’t like something doesn’t mean he has the authority to unilaterally stop it in its tracks”!

Nonetheless, Scott and his henchmen have painted themselves in a corner by their argument: “The governor is not demanded by the federal government to do anything,” Scott general counsel Charles M. Trippe told the justices. “He only has to spend what has been appropriated. None of that federal grant money has been appropriated so he has no duty to spend it.” Per this, ALL the Obama Admin has do is “appropriate” HSR money to the Florida Legislature to be appropriated to then make Scott’s and his henchmen’s duty to then spend it on HSR!

Reply Posted by: heidelja |Friday, March 4, 2011 at 1:09 AM

By the goobly goop of this blog, the Florida Supreme Court must decide which came first, the chicken or the egg, to make green eggs and ham!

Reply Posted by: What comes first…the chicken or the egg? |Friday, March 4, 2011 at 1:40 AM

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