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Senate Judiciary hears proposal to expand H849 so Vermont can sue federal officials during declared crisis
Summary
A witness for Democratism Action proposed adding a temporary subsection to H849 to allow Vermont courts to hold federal officials liable for acts that "further an unlawful consolidation of power," prompting committee concern about removal, qualified immunity, separation of powers and the prospect of state-federal confrontation.
DAVID GOLD PROPOSES TEMPORARY EXPANSION TO H849
David Gold, executive director of the nonprofit Democratism Action, asked the Senate Judiciary Committee on April 1 to add a temporary subsection to H849 that would allow state causes of action against federal officials accused of conduct that ‘‘furthers an unlawful consolidation of power.’’ Gold told the committee, "The United States is in the midst of an authoritarian takeover," and said the amendment is designed to create a powerful legal tool to deter federal officials from participating in what he described as politically motivated abuses.
WHY THE AMENDMENT WOULD CHANGE H849
Gold said the bill as written imports federal defenses such as qualified immunity and limits the kinds of constitutional violations plaintiffs can pursue. His proposed subsection E would begin with legislative findings defining the category of conduct the provision targets, make such conduct a per se violation subject to the state cause of action, and (he said) bar…
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