Oral Argument Before FL Supreme Court On Gov. Scott's Refusal To Accept Federal HSR Money

You can watch it here.

My personal view is that the main argument that the HSR proponents should have forwarded - that the Governor's acceptance of the federal funds for the HSR project was ministerial in nature(the signing of the agreement with the federal DOT) and that Governor Scott had no discretion to refuse to sign the agreement as Florida law required him to do so - was lost in the mire.

Instead the argument was bogged down on the question of whether subsequent Florida legislative appropriation were subject to the Governor's approval (it is of course, by veto or line time veto, subject to being overridden by the legislature.)

The question the HSR proponents should have focused on was what Governor Scott needs to NOW to accept the federal funding, as opposed to what Governor Scott may choose to do in the future (veto appropriations for the HSR project.)

Not the best oral argument I've seen. As I count the votes for the actual relief the HSR proponents seek, I do not think the votes are there. Chief Justice Cannady and Justice Lewis are votes for denying relief. Perry and Quince are likely to vote for some form of relief. Justice Pariente probably wants to vote for some form of relief, but is struggling to see how she can do it. Justices Polston and LaBarga did not appear to indicate any particular view on the issue.

Speaking for me only

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    Interesting, and too bad (none / 0) (#1)
    by andgarden on Thu Mar 03, 2011 at 06:43:06 PM EST
    I guess we could rest on the possibility that it's never possible to read a panel perfectly. . .

    Under FL law, is the Gov. required (none / 0) (#2)
    by oculus on Thu Mar 03, 2011 at 08:09:58 PM EST
    to spend all the money appropriated by the state legislature?

    BTD what if? (none / 0) (#3)
    by Gerald USN Ret on Fri Mar 04, 2011 at 02:08:11 AM EST
    Suppose the FL court says the Governor must sign the law and he flees to Illinois as is becoming the norm in many for many of these issues.

    What then?

    I'll drive him there myself if he promises to stay (none / 0) (#5)
    by ruffian on Fri Mar 04, 2011 at 09:02:06 AM EST
    The delay of the HSR would be well worth preventing him doing other damage.

    I always thought (none / 0) (#4)
    by jimakaPPJ on Fri Mar 04, 2011 at 08:34:24 AM EST
    that previous laws and actions could be changed.

    I guess that applies only to laws that people don't like.

    They can change (none / 0) (#6)
    by ruffian on Fri Mar 04, 2011 at 09:03:21 AM EST
    What Scott is trying to do is refuse to follow a law that was passed already. He has not proposed changing any future laws yet.

    Was it a law or was it (none / 0) (#9)
    by jimakaPPJ on Fri Mar 04, 2011 at 12:04:58 PM EST
    an EO or agreement???

    Anyway, the battle is over and the HSR folks lost.


    FL Supreme court says no (none / 0) (#7)
    by andgarden on Fri Mar 04, 2011 at 09:55:22 AM EST
    WTF? (none / 0) (#8)
    by lilburro on Fri Mar 04, 2011 at 10:01:08 AM EST