Legal Commentary

FL Supreme Court Rules Against HSR Proponents

By Big Tent Democrat

Here's the ruling (PDF):

Based on the limited record before the Court and a review of the federal and state law relied on by the parties, the Court has determined that the petitioners have not clearly demonstrated entitlement to quo warranto, mandamus, or any other relief. Accordingly, the emergency petition is hereby denied.

The reasoning is not explained, but my view is that the Petitioners' failure to explain and argue what Scott needed to do NOW (i.e. - the ministerial act of signing the agreement with the federal DOT as required by Florida law), as opposed to what he might need to do later, was fatal to their Petition. Perhaps a better argument would have yielded the same result, but now we will never know.

Speaking for me only

Full post as published by TalkLeft on March 04, 2011 (boomark / email).