By Guy Page

This morning, Tuesday February 3, the Vermont Senate voted 16-15 to approve the nomination of former federal prosecutor Michael Drescher as an Associate Supreme Court Justice. A no vote would have ended his nomination to Vermont’s High Court.

Several Democrat senators said the Trump administration’s immigration policy is so harmful that Vermont should signal its opposition by rejecting the nomination of the prosecutor who argued the DOJ position in last year’s civil detention lawsuits of two anti-Israel activists. 

However, two Senate Democrats crossed over to vote with the 13 Republicans. Lt. Gov. John Rodgers cast the tie-breaking vote. Sen. Rob Plunkett (D-Bennington) said he was a no before he was a yes. “The arrests (of Mohsen Mahdawi and Osmeen Ozturk) were anti-American plain and simple, they should never have happened here.” But, he added, “our system of justice is a dialectic where two voices argue different sides of the law which is decided by a judge.”

The other Democrat senator to break ranks was Seth Bongartz, also of Bennington County. Both Plunkett and Bongartz are lawyers.

At an afternoon press conference, Rodgers explained his Yes vote, and later distributed this statement:

Lieutenant Governor John Rodgers today issued the following statement:

“As Governor Scott noted, ‘Making an appointment to the Vermont Supreme Court is one of the most important responsibilities for any Governor. Candidates whose names make it to my desk do not arrive without receiving three fourths majority from the Judicial Nominating Board (JNB) deeming the candidates well qualified to serve. And, as elected officials, we’re expected to do the same – stand up for what’s right, regardless of the pressure, because that’s what Vermonters expect us to do. Voting should be based on the character, integrity, and capabilities of the nominees, and the integrity and independence of our judicial branch, rather than the chaotic time we happen to be living in.’

“And that is why I am proud to have presided over the bipartisan confirmations of outstanding public servants the likes of Michael Drescher and Christina Nolan. I have the utmost confidence they will serve all Vermonters with integrity and compassion,” Rodgers said.

VDC will provide more coverage later today.