This story, by Report for America corps member Carly Berlin, was produced through a partnership between VTDigger and 开云体育.
The Legislature鈥檚 chief lawyer has deemed Gov. Phil Scott鈥檚 move to extend motel voucher eligibility for a narrow segment of unhoused Vermonters an 鈥渦nconstitutional consolidation of power.鈥�
, signed by Scott late last week, extended motel stays for families with children and certain people with acute medical needs through June 30. It came after the governor blocked an attempt by Democratic legislators to pass a three-month extension for all people sheltered through the state program this winter.
Speaking from the Senate floor on Wednesday afternoon, Senate President Pro-Tem Phil Baruth, D/P-Chittenden Central, said that he鈥檇 asked the , the nonpartisan body that drafts bills for lawmakers, for an opinion on the legality of Scott鈥檚 order.
A subsequent letter penned by Brynn Hare, the office鈥檚 director and chief counsel, did not mince words.
The order effectively creates 鈥渁 new eligibility category鈥� for the emergency housing program, Hare wrote, 鈥減rioritizing that new category鈥� over the groups determined most vulnerable by the Legislature last year.
鈥淭he executive order directly and intentionally conflicts with the actions of the legislature in favor of the Governor鈥檚 policy preference,鈥� Hare wrote. 鈥淭he Governor鈥檚 attempt to circumvent the intent of the General Assembly is an unconstitutional encroachment on a core function of the legislature.鈥�
Hare characterized Scott鈥檚 move as 鈥渁n overlap of authority so complete as to constitute an unconstitutional consolidation of power.鈥�
Scott鈥檚 order leaves out the majority of people eligible for the program over the winter months 鈥� including people over the age of 65 and people fleeing domestic violence. Evictions for those not included in his order began Tuesday.
The letter frames the order as 鈥渢he latest in a disturbing trend of actions鈥� by Scott鈥檚 administration 鈥渢hat flagrantly and unconstitutionally intrude on the authority of the General Assembly.鈥� Hare cited Scott鈥檚 shortly after the Senate denied her confirmation last year, as well as for flood relief in 2023.
In response to the letter, Amanda Wheeler, Scott鈥檚 press secretary, argued in a statement that the order 鈥渨as intended to protect the most vulnerable.鈥� She did not directly refute the letter鈥檚 assertion of executive overreach and unconstitutionality.
鈥淚f the legislature has concerns about the legality of this action, they could adopt our language and add it鈥� to the latest version of the budget adjustment bill, Wheeler suggested.
At a press briefing earlier on Wednesday, Scott indicated he would sign such an updated bill. He at the annual legislation, in large part over objections to the broader motel program extension sought by Democrats.
Senate Republicans plan to bring such an amendment to 鈥渃odify what the Governor鈥檚 executive order was鈥� when the budget adjustment bill comes around for final approval on Thursday, according to Senate Minority Leader Scott Beck, R-Caledonia.
Democrats do not appear poised to go along with the change. Baruth, in an interview, maintained his support for passing a budget adjustment bill that offers extensions to everyone who received motel vouchers ahead of the April 1 cutoff.
鈥淭here鈥檚 two very clear options,鈥� Baruth said. 鈥淥ne protects everybody in a fully legal manner. The other one makes these absurd distinctions and does so in a way that is flagrantly unconstitutional.鈥�
Asked if he saw a future court challenge as a possibility, Baruth said, 鈥淚 have not pursued that path.鈥�
