January 20, 2012
Judge Rules Vermont's Legislature has Overreached ...Yet Again
The decision yesterday by U.S. District Judge Murtha in the case brought by Entergy against the State of Vermont is a clear victory for the plaintiff and one more rebuff of Vermont's Legislature for making laws that are unconstitutional. Vermont Attorney General Sorrell sits in an even darker shadow for apparently failing to provide proper legal guidance to the Legislature at the time these laws are considered. Even to a layman the outcome of this case was obvious long before it was filed. The Commerce clause of the Constitution would prevail and Judge Murtha has ruled correctly.
Whether a Vermonter is for or against nuclear power generated in Vermont, one cannot fail to recognize that in this case and in prior cases dealing with election laws and prescription drug information, Vermont continues to step beyond the U.S. Constitution and has a losing record when challenged in Federal court. Let's hope that wisdom will prevail and that Vermont will not appeal this case to waste yet more money.
Vermonters deserve better from their Governor, their Legislature and their Attorney General. This and prior litigation at the Supreme Court has unnecessarily wasted millions of taxpayer dollars. More form the national media on the the Vermont Attorney General's court performances here from Dave Gram, a Vermont AP reporter, in the San Jose Mercury News.
Voters should pay heed to these events and elect people who have greater respect for the Constitution and who will resist their ideology-driven law-making.
Finally, kudos to those in the Vermont Senate who voted against these laws that have been found unconstitutional.