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Final Reading: Lawmakers consider whether to keep some intoxicated Vermonters out of prisons – VTDigger

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Final Reading: Lawmakers consider whether to keep some intoxicated Vermonters out of prisons – VTDigger


Rep. Theresa Wood, D-Waterbury, chair of the House Human Services Committee, right, listens to testimony on the implementation of the child care expansions put in place by 2023’s Act 76, at the Statehouse in Montpelier on Tuesday, Feb. 25. Photo by Glenn Russell/VTDigger

House lawmakers spent much of this week mulling how the state should treat residents who are, as a matter of law, incapacitated.

Vermont statute describes incapacitated people as intoxicated or in withdrawal, and in need of medical care or posing a threat to themselves or others.

Under current statute, those individuals can be held up to 24 hours with the Department of Corrections, at a “lockup or community correctional facility,” even if they have been charged with no crime. 

Six years ago, however, Vermont tucked language into the annual midyear budget update intended to keep those people out of prisons. That language, which would prohibit incapacitated Vermonters not charged with crimes from being housed in correctional facilities, is set to go into effect in July. 

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But now, Gov. Phil Scott’s administration is seeking to repeal that provision — a move that would allow correctional facilities to continue to temporarily hold incapacitated Vermonters indefinitely. 

“The problem is that there are no secure facilities outside of the Department of Corrections,” Vermont Department of Health Deputy Commissioner Kelly Dougherty told the House Human Services Committee earlier this month.

Some local mental health agencies, such as Washington County Mental Health and Northeast Kingdom Human Services, offer beds through the so-called public inebriation program, also known as PIP beds.Those beds are intended as temporary places where intoxicated people can stay and avoid correctional facilities. 

But many of those PIP beds across the state have shut down in recent years, leaving only eight still in operation. 

State health officials are planning to merge PIP beds and mental health crisis beds under one umbrella program to allow for more flexibility. Still, the shortage has left the state reliant on the Corrections Department to hold incapacitated Vermonters. Without the ability to bring them to prisons, Dougherty told lawmakers this month, the state could be forced to send people to hospitals.   

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This week, health care workers and law enforcement officials came to the House Human Services Committee to ask its members to go ahead with repealing the provision.

“If the only option that you give police is to bring these individuals to the ED, you will be endangering our staff and other patients,” Alison Davis, the medical director of the emergency department at Rutland Regional Medical Center, told lawmakers Wednesday.

But lawmakers in the committee seemed undecided on whether to move ahead with the repeal. On Thursday, Rep. Theresa Wood, D-Waterbury, expressed uncertainty about the landscape of state services, given, on one hand, new state initiatives like the merger of PIP and mental health beds — and, on the other, potential federal funding cuts. 

“I’m just wondering if it’s a tad early to be thinking about repealing the statute,” she said.

— Peter D’Auria

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In the know

Advocates for migrant workers in the state continue to push for H.169, a bill that seeks to expand access to housing for immigrants without legal status living in Vermont. But the debate is shadowed by the specter of federal immigration policy.

As the administration of President Donald Trump ramps up deportation and detention of immigrants, proponents of the bill argue the state should do more to protect immigrants living in Vermont and increase their housing options. But the legislation faces headwinds from landlords and lenders. 

The Vermont Landlord Association has objected to the addition of immigration status to the statute.  “To make a landlord have to take somebody – even if they’re not here legally – I think is a challenge and a big ask,” Angela Zaikowski, the association’s director, told legislators in late March. 

The association echoed these concerns in a “call to action” email last week, imploring its members to reach out to legislators and adding that the proposed change “has the potential to create federal issues for housing providers.” 

Asked by lawmakers whether there were past examples of landlords getting into legal trouble after renting to people without legal status, Zaikowski said no.

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“I think anything is possible at this point,” she added.

Will Lambek, from the group Migrant Justice, maintained that these fears of federal repercussions lacked legal basis. “Any fear of civil or criminal liability against landlords for renting to immigrant families is simply unfounded,” he said.

Read more about how federal immigration policy is looming over this debate here. 

— Carly Berlin

A sudden reversal in federal funding for school districts has affected about 32 school districts and one mental health agency in Vermont, Jill Briggs Campbell, deputy secretary of the Vermont Agency of Education, told the Senate Education Committee on Wednesday.

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The decision came in a March 28 letter from U.S. Secretary of Education Linda McMahon. It notified state education leaders that the federal department had reversed course on extending the deadline on a Covid-19 pandemic-era grant – the Elementary and Secondary School Emergency Relief funds, or ESSER – that has paid for learning support and summer programming.

While the money from ESSER originally had to be spent by Sept. 30, 2024, President Biden’s administration had approved an extension to allow schools to use the money through the 2025-26 school year. (Public schools in Vermont operate on a July 1 through June 30 fiscal calendar; the federal government’s fiscal year ends on September 30.)

McMahon’s letter noted that the federal department had “reconsidered” requests from state leaders to continue the extension after finding it “was not justified” and terminated the program at 5 p.m. on March 28 — three minutes before the statement was sent.

Vermont school districts have at least $10 million pending in that grant funding, Briggs Campbell estimated. The department has received about $800,000 worth of invoices but cannot request funds until it goes through the new process outlined in McMahon’s letter, which states the federal department will consider extensions “on an individual project-specific basis.”

“All of these were approved for extension by the previous administration,” she said in the hearing.

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Read more about how the funding loss is affecting school districts here.

— Auditi Guha


On the move

After an extensive — and mysterious — delay, the Vermont House’s massive education bill, H.454, survived a voice vote on second reading Thursday. The bill is expected to face a vigorous challenge on the floor tomorrow. 

—Ethan Weinstein 

Visit our 2025 bill tracker for the latest updates on major legislation we are following. 

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Man robbed and stabbed on Metro bus in Vermont Knolls

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Man robbed and stabbed on Metro bus in Vermont Knolls


Officers with the Los Angeles Police Department are looking for the attacker who robbed and stabbed a man on a Metro bus in what investigators are calling a hate crime. 

The incident occurred in the Vermont Knolls neighborhood of South Los Angeles shortly after 11 p.m. on Thursday near South Figueroa and West 80th streets. 

Police said the attacker said something to the victim about being Hispanic then stole his necklace and stabbed him before getting off the bus and taking off. 

The victim was transported to the hospital and remains in stable condition. 

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No further details were immediately available.



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Central Vermont rejects $149M bond for standalone career center – VTDigger

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Central Vermont rejects 9M bond for standalone career center – VTDigger


A rendering of the proposed Central Vermont Career Center standalone building, based on designs from TruexCullins Architecture + Interior Design and Lavallee Brensinger. Courtesy of Central Vermont Career Center

Central Vermont residents voted overwhelmingly against a $149 million measure to build a new technical education center on Tuesday. 

Across the 18 towns in Washington County that form the Central Vermont Career Center District, about 60% voted against the ballot item, while 40% voted in favor of it, according to results collected by the Barre Town Clerk’s office. 

The district proposed the bond as a response to the lack of space and inadequate facilities at the career center’s current home at Spaulding High School in Barre. For the current school year, the district received 414 applications for 228 spots, according to district data. 

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District Superintendent Jody Emerson said last month that the career center also hoped a standalone building would allow it to offer additional programs and expand opportunities to younger grades. Two consulting firms drew up plans for a 167,000-square-foot facility at a currently vacant lot in Graniteville. 

But central Vermont residents raised concerns about the cost of the bond at an informational meeting in October. According to district projections, the bond was expected to raise property taxes between $99 and $420 per year on a $300,000 home. 

The district had set a target date of September 2029 to open the facility if the bond was approved, according to its website. Emerson has said if the bond failed, the district may be able to come back to voters at a later date with a different plan. But what that plan looks like depends on the future of the education redistricting proposals and school construction aid proposals being discussed in the Legislature this year. 

After the results were announced, Emerson said she was grateful for the high turnout because it provided information for the district to determine what its next steps should be. 

She blamed the failure of the vote on the state’s cost-of-living issues and the uncertainty around the future of redistricting, rather than opposition to technical education. “I know the voters support our kids,” she said. 

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The Supreme Court hears challenges to Trump’s tariffs with Vermont ties – VTDigger

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The Supreme Court hears challenges to Trump’s tariffs with Vermont ties – VTDigger


The Supreme Court is seen in the distance in Washington, D.C. on Feb. 20, 2025. File photo by J. Scott Applewhite/AP

This story is based on stories by Violet Jira published on Nov. 5, 2025 by NOTUS, one before and one after the oral arguments. 

The U.S. Supreme Court heard arguments Wednesday related to the legality of President Donald Trump’s use of tariffs in a case that won’t just be deciding the fate of his trade policy, but also could redefine the limits of presidential economic power.

The hearing involved appeals in a pair of cases that challenge the Trump administration’s use of the International Emergency Economic Powers Act, including one with Vermont ties. Trump has used the law to bypass procedural norms and place extensive tariffs on enemies and trading partners alike without authorization from Congress. 

A federal court ruled against Donald Trump’s tariffs in 2 lawsuits. Vermont was central to both.

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One of the cases includes Terry Precision Cycling, or Terry Cycling, a women’s cycling apparel company, as one of five small business plaintiffs. The group sued Trump and his administration in the U.S. Court of International Trade in April. In May, a panel of three federal judges struck down most of the president’s tariffs. The U.S. Court of Appeals for the Federal Circuit also largely backed the plaintiffs. The case was combined with another brought by private organizations impacted by the tariffs in Wednesday’s arguments in the Supreme Court. 

The court also heard from a representative of 12 attorneys general, including Vermont Attorney General Charity Clark, who sued on similar grounds.

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During the arguments, Solicitor General D. John Sauer defended the Trump administration’s actions — sometimes by contradicting the president.

Sauer faced a slew of skeptical inquiries from the justices who seemed to take issue with many of the Trump administration’s arguments, including that the president has broad authority to respond to international emergencies, Congress delegated the presidency this power, and tariffs are not taxes.

Since the Constitution gives Congress the power to tax, the claim that tariffs are not a tax was central to Sauer’s argument, despite the fact that the president has framed them as revenue-raising.

“We don’t contend that what’s being exercised here is the power to tax,” Sauer said. “It’s the power to regulate foreign commerce. These are regulatory tariffs. They are not revenue raising tariffs.”

Trump regularly says tariffs are making the country richer. And earlier this year, the White House floated using tariffs as a revenue raiser to offset the cost of the One Big Beautiful Bill Act.

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Justice Sonia Sotomayor, who spoke recently at the University of Vermont, made clear that she didn’t buy Sauer’s argument on tariffs versus taxes.

“You say tariffs are not taxes, but that’s exactly what they are,” she said. “They’re generating money from American citizens, revenue.”

A person with long blonde hair in a colorful jacket walks along a waterfront path, with a bicycle parked nearby and the ocean in the background.
Burlington-based Terry Cycling , a women’s cycling apparel company, joined four other small businesses to sue President Donald Trump over his tariff policy. Courtesy photo.

‘Simply implausible’

How the justices decide the case will have major implications not just for Trump’s agenda but for how much unilateral power presidents have to regulate commerce. 

During the arguments, Justice Neil Gorsuch leaned heavily into the question of congressional authority. He seemed to take issue with the fact that it would be difficult for Congress to reclaim that authority should the Supreme Court give the Trump administration what it was asking for.

“Congress, as a practical matter, can’t get this power back once it’s handed it over to the president. It’s a one way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected representatives,” he argued.

Justice Amy Coney Barrett seemed skeptical of the scope of the reciprocal tariffs Trump has placed on dozens of countries, allies and trading partners alike.

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“Is it your contention that every country needed to be tariffed because of threats to the defense and industrial base? I mean, Spain, France? I mean, I could see it with some countries, but explain to me why as many countries needed to be subject to the reciprocal tariff policy as are,” she asked.

The small businesses were represented by attorney Neal Katyal. He argued that tariffs are, in fact, a tax, and that the Trump administration was exceeding the authority Congress intended to give to the executive branch when it passed the International Emergency Economic Powers Act.

“It’s simply implausible that in enacting IEEPA, Congress handed the president the power to overhaul the entire tariff system and the American economy in the process, allowing him to set and reset tariffs on any and every product from any and every country at any and all times,” Katyal said.

“And as Justices Gorsuch and Barrett just said, this is a one-way ratchet,” he continued. “We will never get this power back if the government wins this case. What president wouldn’t veto legislation to rein this power in and pull out the tariff power?”

The Supreme Court has until the end of its term next summer to make a decision, but the case has so far been on an expedited track, leading some experienced court watchers to expect a decision before the end of the year.

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Other routes for tariffs

The White House has projected confidence in its ability to win the case — press secretary Karoline Leavitt said officials believe the Supreme Court will rule in their favor. Still, contingency plans have long been in the works.

“The White House is always preparing for plan B,” she said at a briefing. “It would be imprudent of the president’s advisers not to prepare for such a situation. With that said, we are 100% confident in the president and his team’s legal argument and the merits of the law in this case, and we remain optimistic that the Supreme Court is going to do the right thing. The importance of this case cannot be overstated.”

Trump has used the threat of tariffs in matters far beyond trade. The administration used a tariff investigation to pressure Brazil over its decision to prosecute former President Jair Bolsonaro. Trump attempted to use trade negotiations to stop Canada from backing Palestinian statehood. The threat of steep tariffs has been an essential leverage point in his peace negotiations between countries like India and Pakistan, as well as Russia and Ukraine.

The Supreme Court’s decision could stymie all of this.

Administration officials have indicated that even if they lose the case, they would find another way to levy tariffs.

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There are multiple legal avenues to enact tariffs. Top Trump trade adviser Peter Navarro has signaled the administration was considering use of Section 122 and then Section 301 of the Trade Act of 1974, if use of the International Emergency Economic Powers Act is deemed unlawful.

Multiple trade experts NOTUS spoke to said this would be the most plausible course of action for Trump to keep his tariffs alive if the court rules against him.

Peter Harrell, who served as senior director for international economics and competitiveness in the Biden White House, said “the most obvious choice” for the White House to temporarily maintain tariffs would be to invoke Section 122. That would allow tariffs of up to 15% for as long as 150 days on countries whose trade with the U.S. is unjustifiably imbalanced.

“That, to me, looks like the sort of obvious, immediate stop gap they could pull to keep many of their tariffs in place for a couple of months while they figure out what the longer term plan is,” he said.

Section 301 of the trade act allows an administration to launch investigations into specific countries and implement tariffs based on the results of that investigation. There are already active Section 301 investigations into China, Brazil and Nicaragua; the latter two were started under the administration of President Joe Biden. The Trump administration could begin more of them, but the investigations take months and again open the administration up to the possibility of lawsuits.

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Over the past few months, the Trump administration has expanded its use of Section 232 of the Trade Expansion Act of 1962, which allows him to put restrictions on the import of certain goods if they are found after an investigation to threaten national security.

But none of these powers is as expansive as the International Economic Emergency Powers Act, which the Trump administration has used to enact crushing tariffs with the stroke of a pen.

The International Economic Emergency Powers Act “only requires a finding of a national emergency, which is a more unilateral power within the president to make that determination,” said Everett Eissenstat, a partner at Squire Patton Boggs who represented the Trump administration on international trade matters as deputy director of the National Economic Council during Trump’s first term. “There’s no investigation, there’s no congressional consultation, it’s just a declaration of emergency, and that unleashes the power to regulate commerce, regulate importation.”

He added that there “were certainly more limitations” on Section 301 and Section 232.

If the Supreme Court were to rule in the Trump administration’s favor, it’s possible that the ruling wouldn’t just give the administration the legal go-ahead on current tariff policy, but open the door for the International Economic Emergency Powers Act to be used even more broadly than Trump is currently using it.

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For the importers, business owners, consumers and taxpayers who are impacted by the president’s trade and tariff policy, a decision from the Supreme Court in either direction is unlikely to offer significant relief from the pressures of the Trump tariff economy.

“Unfortunately, if you’re a business, you can celebrate a Supreme Court win if that’s the way it goes, but you’re not going to be off the hook,” Riley said. “Trump will continue to impose tariffs, continue to impose costs on Americans, but he just won’t have the unlimited authority that he’ll have if the Supreme Court allows the IEEPA tariffs to remain in place.”





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