On Friday, a Vermont Superior Court judge dismissed a lawsuit brought by Senators Tanya Vyhovsky and Richard McCormack against Governor Phil Scott concerning the reappointment of Interim Education Secretary Zoie Saunders.
The senators had opposed Saunders’ appointment due to her long tenure at a private charter school company, and the Vermont Senate had previously rejected her nomination by a vote of 19-9. However, Gov. Scott reappointed her to the interim position.
After the legislative session concluded, Vyhovsky and McCormack filed the lawsuit, arguing that Scott’s reappointment circumvented the Senate’s constitutional authority to confirm gubernatorial appointees.
In response, the state’s attorneys contended that the senators lacked standing to file the suit and that Scott had the authority to make interim appointments without Senate approval.
Judge Robert Mello acknowledged that the senators had standing and raised legitimate constitutional questions but ultimately ruled in favor of Scott.
He stated that there is no constitutional requirement for the governor to seek Senate approval for agency secretary appointments.
Mello emphasized that the Constitution grants the governor the power to commission and appoint officers, unless otherwise specified by law.
Franco, the attorney for the senators, expressed concerns that the ruling undermines the Senate’s role in the confirmation process.
He noted that if the decision stands, the Senate’s power to provide advice and consent on appointments would be rendered meaningless.
Mello, however, pointed out that the Legislature has the authority to limit the governor’s appointment powers through legislation, which it did not do in this instance.
Franco stated that his clients are considering whether to appeal the decision to the Supreme Court.