Legal Opinion
Representative Donald Turner, Jr. and Senator Joseph Benning v. Governor Peter Shumlin
Supreme Court of Vermont
Decided January 4, 2017No. 2016-428PublishedCited by 32 opinions
1Per curiam
¶ 1. Petitioners, Representative Donald Turner, Jr. and Senator Joseph Benning, seek to enjoin respondent, Governor Peter Shumlin, whose last day in office is January 5, 2017, from appointing a successor to the office held by Associate Justice John Dooley, whose current term expires on April 1, 2017. For the reasons stated below, we conclude that petitioner Senator Benning has standing to bring this action and that respondent does not have the authority to appoint Justice Dooley's successor. 1
I. Facts and Procedural History
¶ 2. The parties have agreed to the following facts. Associate Justice…
2Cases cited53 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Allen v. WrightSupreme Court of the United States · 1984
- Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
- Raines v. ByrdSupreme Court of the United States · 1997
- Coleman v. MillerSupreme Court of the United States · 1939
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3Cited by32 opinions
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- State v. James C. LohrSupreme Court of Vermont · 2020
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