The Vermont Supreme Court says outgoing Democratic Gov. Peter Shumlin is not constitutionally authorized to appoint a successor for an upcoming vacancy on the court months after Shumlin leaves office.
The court ruled Wednesday, after hearing the case on Tuesday.
Shumlin had wanted to make the nomination for the seat that will be vacated by Justice John Dooley, who is retiring. The court position becomes vacant on April 1.
But attorneys representing GOP leaders in the Vermont Legislature told the justices on Tuesday that a replacement for Dooley cannot be chosen until Dooley leaves office, meaning Republican Gov.-elect Phil Scott would make the nomination.
The Supreme Court agreed.