Politics

High-Speed Rail Suit Still Up in the Air

Senators' challenge to governor gets a skeptical hearing at Supreme Court
By: Kenric Ward | Posted: March 3, 2011 4:24 PM
Clifford McClelland and Charles TrippeClifford McClelland, attorney for the senators, Charles Trippe, attorney for Gov. Rick Scott in front of the state Supreme Court Thursday | Photos : Lane Wright
A skeptical Supreme Court aggressively questioned the attorney for two state senators seeking to overturn Gov. Rick Scott's rejection of federal high-speed rail funds.

Saying that legal action "may be premature," Justice Barbara Pariente expressed doubt at Thursday's oral arguments that the court should intervene.

"Should the court interfere with the relationship between the federal government and the governor, and the governor and the Legislature," she mused.

Justice Charles Canady joined Pariente in directing pointed questions to Clifford McClelland, attorney for state Sens. Thad Altman and Arthenia Joyner, who sued Scott on Tuesday in challenging his rejection of $2.4 billion in federal funding.

Canady said the rail project had not been funded by the Legislature and wondered if the lawmakers were asking the court to block Scott from making future vetoes.

Attorneys comment to press after arguing for and against Gov. Rick Scott's rejection of High Speed Rail Stimulus

The discussion became disjointed at times as McClelland had difficulty hearing the comments and questions.

Charlies Trippe, general counsel for the governor's office, was closely questioned by Justices James Perry, Fred Lewis and Peggy Quince, but appeared to satisfy the majority of justices with his responses.

Pariente, at one point, suggested that future plaintiffs "would have a field day" if the court were to grant the Altman-Joyner petition.

After less than an hour, the court adjourned to consider the matter, with a decision expected soon.

The case was fast-tracked by the court in acknowledgment of a federally imposed March 4 deadline for the state to accept the stimulus money.

Prior to Thursday's oral arguments, Altman maintained that the legislatively established Florida Rail Enterprise had authority to accept federal high-speed rail grant money before those funds were appropriated.

The Scott administration countered that the governor had a fiduciary duty to protect the state, and argued that Florida taxpayers could be on the hook for $3 billion in uncovered expenses.

Scott's legal team appeared confident after the hearing.

Trippe said, "The most important thing was that I made the point that to get the relief these petitioners are requesting, they would have to get an injunction against the governor, the Legislature and essentially the federal government to do things that are in their sound discretion."

Speaking to reporters afterward, McClelland said, "One of the most important questions [the justices] asked was they wanted a clear act that they could look at to force a writ against the governor."

Asked for his assessment, McClelland said it "is still up in the air."

Regarding the peppering he took from the bench, the Melbourne attorney noted, "You can anticipate that when you have a significant case like this."

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Contact Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.



Comments (3)

Brian
6:14PM MAR 3RD 2011
I was in the room... McClelland was tough to listen to and follow, especially at first. Aside from that, he could not make clear what exactly the Governor did wrong, and what the Court should do about it.

It esentially boiled down to the fact that, the Governor expressed opposition to the grant money, which is his right. He made no legal or binding action to refuse the money, he simply said 'we don't want it'. At that point, it's the right of USDOT to not grant it, as they can dictate any terms necessary for grant eligibility. I would be shocked if the Court found it appropriate to mandate that a Governor "feel better about" an issue, or in this case, a grant.

As for previous appropriation, a small amount of state funds have been appropriated and spent already, but it's clear that the FL legislature has taken no action on the 2 plus billion that may or may not come down. SO, the Governor isn't vetoing anything, he's declining future payments.

Any deals struck between the legislature, and newly formed coalitions, and the USDOT is perfectly fine, and up to them. If USDOT sees it appropriate to grant the funds to some board of Mayors or something like that in central Florida, then more power to them.

Bottom line... the two Senators had no business suing in this case. It was kind of a joke. One Justice kind of looked around at one point and said "Well, what is it that you want US to do??". Nice try, but maybe the other legislators didn't sign onto this because they knew it was just a little silly, and there might be better ways of getting HSR done.
TGM
11:41PM MAR 3RD 2011
You are being benevolent. Mr Mccelland was an embarassment and should never argue again before the Supreme Court. That was the most embarassing oral argument before the court I've seen these 4th rate public defenders try to argue death penalty cases, or since Charlie Crists crack legal team argued.
Brian
4:30AM MAR 4TH 2011
agreed.