July 18, 2011

July 8, 2011, Cheryl Hanna: Vermont likely to foot legal bill no matter who wins | Vermont Yankee Lawsuit: Commentary

An easy-to-read legal examination of the Vermont Legislature's passage of Act 47 in the last session which "gives Vermont the authority to bill back costs associated with litigation in state or federal courts that involve an entity holding a certificate of public good."

Professor Hanna concludes: "It is my humble yet considered judgment that not only is the law unenforceable, but it is also likely unconstitutional."

Sadly, the Legislature in recent years has saddled Vermont with substantial legal fees as the Attorney General continues to lose cases at the Supreme Court. Vermonters should be alarmed that the Legislature has a penchant for passing unconstitutional laws.

I fault Legislative leadership for this sorry state of affairs. Now, one of those leaders is Vermont's Governor. When will they ever learn?
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