Vermont Supreme Court Blocks Shumlin From Picking New Justice

Two days before he steps down, Gov. Peter Shumlin will need to convince the Vermont Supreme Court that he has the legal right to appoint a replacement for retiring Justice John Dooley. The court has temporarily blocked Shumlin from picking a new justice in response to a legal challenge from House Minority Leader Don Turner (R-Milton).

Dooley announced in September that he would retire when his term ends on March 31. Shumlin raised some Republican hackles by promptly declaring that he would pick Dooley's successor. Now, the outgoing governor will spend his final days in office defending his decision in court — a hearing is scheduled for January 3.

“By looking to make a consequential executive decision that should rightly be made in April 2017, at a time well past his gubernatorial tenure, Gov. Shumlin is setting a troubling precedent of overreach," Turner said in a statement announcing his legal challenge.

Reached Friday, Turner said he's "very pleased" with the court order and is confident he'll prevail. "When I look up vacancy in the dictionary, it means no one is in the position," Turner said.

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