Vermont
Tie-breaking vote sends controversial nominee to Vermont Supreme Court
Republican Lt. Gov. John Rodgers cast a tie-breaking vote in the Senate Tuesday to elevate a controversial nominee to Vermont’s highest court.
When Michael Drescher was appointed by Republican Gov. Phil Scott to fill a vacancy on the Vermont Supreme Court last month, he arrived to the confirmation process with what most Democratic lawmakers considered a disqualifying flaw.
As the acting U.S. attorney for Vermont, Drescher led the Trump administration’s high-profile prosecutions of two students, Mohsen Mahdawi and Rümeysa Öztürk, both of whom were arrested and detained by federal immigration authorities last year for their outspoken criticism of the war in Gaza.
During confirmation hearings in the Senate Judiciary Committee, Drescher told lawmakers that he took the lead on those cases to spare his assistants from the stain of association with President Donald Trump’s immigration crackdown. He also said it would be “unfair to conclude that I somehow personally supported the policies of the government simply because I was an advocate for those policies in court.”
“Would I have preferred somebody else to have been in the trenches in that case? Absolutely, but that would have been the wrong thing to do as a leader of the office,” Drescher said last month.
Those reassurances did little to win over the 17 Democrats in the Vermont Senate, all but two of whom voted to oppose his nomination Tuesday.
“At the end of the day, he did make arguments that were for the purpose of vindicating the unconstitutional detention of two individuals.”
Windham County Sen. Nader Hashim
Windham County Sen. Nader Hashim, the Democratic chair of the Senate Judiciary Committee, said that while Drescher hadn’t acted “in an unethical way,” he nonetheless sacrificed the public trust.
“At the end of the day, he did make arguments that were for the purpose of vindicating the unconstitutional detention of two individuals,” Hashim said.
Hashim said hundreds of Vermonters have reached out to him to oppose Drescher’s nomination, which he viewed as reason enough to deny Drescher one of five seats on the bench.
Brian Stevenson
/
Vermont Public
“The social contract between the government and the governed is increasingly fragile, and voting contrary to the many voices of Vermonters would only further contribute to that fragility,” Hashim said.
Bennington County Sen. Robert Plunkett, one of only two Democrats to join all 13 Republicans in support of Drescher’s nomination, cited preservation of that social contract as the reason for his “yes” vote.
Plunkett said he entered the nomination process eager to vote against Drescher.
“I wanted this to be the moment when Vermont stands up and says, ‘It stops here,’” he said. “I wanted to cast a vote that felt like resistance.”
But upon further reflection, and after a long conversation with Drescher, Plunkett reversed course. Had Drescher resigned in protest, Plunkett said, the Trump administration might have replaced him with a functionary who was “willing to bend the rules” in ways that prolonged the detentions of the students.
Plunkett said authoritarian governments rely on the corruption of institutions.
“That happens not just by installing loyalists, but by purging everyone who isn’t,” he said.
By “punishing” Drescher for performing his role in the legal processes that undergird democracy, Plunkett said, “we risk doing that work ourselves.”
Rodgers, who broke the 15-15 tie Tuesday, said Drescher “showed tremendous courage” and has been the subject of “unfair abuse by people in the public that don’t know all the facts.”
Rodgers said he recently had an hourlong phone conversation with Drescher.
“He explained he feared that if he resigned, that the Trump administration would appoint somebody like they have in other districts, who was highly partisan, and that would have been bad for the state of Vermont,” Rodgers said.
In a written statement Tuesday, Scott called Drescher “an exemplary public servant.”
The Senate also voted 23-7 Tuesday to confirm a second Supreme Court nominee, Christina Nolan, who ran unsuccessfully for the U.S. Senate as a Republican in 2022.
Nolan served as U.S. attorney for Vermont during Trump’s first term.
Justices can serve multiple six-year terms on the Vermont Supreme Court so nominations for the bench are rare. Rarer still, and perhaps unprecedented, is for two seats to become vacant at the same time.
Vermont
As manufacturing jobs decline, Vermont business leaders take their concerns to the Statehouse – VTDigger
Theo Wells-Spackman is a Report for America corps member who reports for VTDigger.
The manufacturing industry generates billions for Vermont’s economy each year — but jobs in the sector are on the decline.
That’s according to state Chamber of Commerce President Amy Spear, who spoke to a packed room of lawmakers and business leaders at the Statehouse during manufacturing industry day programming Thursday morning. Manufacturing employment has fallen more than 11% since pre-pandemic levels in 2020, she said, and a recent long-term study on the industry returned a pessimistic outlook for the rest of the decade.
In general, Spear and her colleague Megan Sullivan said in an interview, manufacturers create relatively high-paying jobs with significant upward mobility in Vermont. They also form the backbone of a crucial facet of the state’s economy, Spear said: exports.
Manufacturing brings “new money” into Vermont, Spear told lawmakers Thursday. “It grows the economic pie rather than redistributing it,” she said.
Sen. Alison Clarkson, D-Windsor, chair of the Senate Economic Development Committee, echoed Spear’s comments.
“You are our partners in economic development, and we depend on you,” she told business leaders. “We are your cheerleaders in the Statehouse.”
But while manufacturers in the room applauded several recent legislative efforts to ease financial pressure on companies — including Covid-era relief and research and development tax credits in a bill currently under consideration — several expressed anxiety over the rising cost of doing business in Vermont.
Dave Laforce, who owns Built By Newport, a furniture manufacturer in the Northeast Kingdom, said the combination of electricity costs, property taxes and health care premiums had been crushing in recent years. But passing costs on to consumers isn’t an option when you’re facing international competition, he said.
“In my 35 years of being in this business, I have not seen the escalation of fixed costs that we’ve experienced in the last three years,” he told lawmakers.
In particular, Laforce joined Janette Bombardier, an executive at Chroma Technology in Bellows Falls, in raising concerns over the burden of the payroll tax lawmakers recently imposed to support child care growth. Many of Chroma’s employees live in New Hampshire and therefore cannot access the subsidy this tax pays for, Bombardier said, and even those on the Vermont side live in an area where the need for child care still far outstrips available slots.
“I’m not sure it’s doing what we’re all hoping it would do in terms of creating spaces,” Bombardier said of the payroll tax.
Recruiting an adequate workforce was perhaps the largest headwind that business leaders cited.
Ben Bristow of Nolato Vermont, a plastic and silicone molding company in Royalton, said his Swedish ownership had considered opening a new facility in the area several years ago. But when it became clear that hiring a 200-person staff in a short time would be difficult, the project abruptly moved to Hungary, he said.
Lt. Gov. John Rodgers concluded Thursday with a plea to strengthen and expand the state’s technical education centers and the apprenticeship programs that connect them with local manufacturers.
“If we’re going to encourage the next generation of builders, we need to get them involved in hands-on learning early,” he said.
— Theo Wells-Spackman
In the know
Testimony to lawmakers last year revealed that gaps in state alerts to crime victims sometimes caused them life-altering harm. After learning about those gaps, lawmakers on the House Corrections and Institutions Committee assembled a task force to improve the state alert system.
On Thursday members of that task force reported back with their most recent recommendations.
Victims have long asked lawmakers to make the automated alert system customizable. For example, someone might want to be alerted if the person who harmed them was released from prison. But they might not want to know if their abuser was merely transferred from one prison to another. Victims might also want to change the types of information they receive over time.
Kelsey Rice, a survivor of domestic violence who sits on the task force, told the committee that as more time passes after the moment when someone’s abuser is arrested, victims might want to change the types of information they receive. “The choices and decisions I made in that moment were not the same choices and needs that I identified needing later on,” Rice said.
Current state law leaves no room for that choice, task force members told the committee. They asked lawmakers to draft changes to Vermont law allowing victims to opt out of certain notifications.
— Charlotte Oliver
Gov. Phil Scott had harsh words at a press conference Wednesday for the House majority that voted last week in favor of the chamber’s budget proposal.
The Republican governor read aloud a letter he said he’d received from a Vermont-born man who wrote that he’s now leaving the state because his taxes have gotten too expensive.
“Apparently, the majority of House members have been hearing something different from their constituents,” Scott said before criticizing how the chamber is “proposing to increase property taxes by an average of 7%.”
The governor has proposed a plan that would increase property taxes too — by 4%. Ultimately, the size of the projected tax hike will depend on how much money legislators and the governor agree to use to buy down tax rates in the upcoming fiscal year.
Scott also said he disagrees with the House’s decision to draw on $9.5 million in interest from the state’s Technology Modernization Fund to pay for a number of one-time initiatives that weren’t part of his budget proposal. And he wants the Senate, which is now reviewing the budget bill, to back an idea he initially proposed to eventually send all of the state revenue from taxes on vehicle purchases to the Transportation Fund.
The Scott administration also opposes a portion of the House’s budget that would require detailed information about the state Agency of Education’s operations in some of the agency’s future spending proposals.
In testimony to the Senate Appropriations Committee later Wednesday, Adam Greshin, Scott’s commissioner of finance and management, called that language “basically a middle finger to the agency.”
— Shaun Robinson
On the trail
Attorney General Charity Clark is weighing in on the race for Chittenden County’s next top prosecutor.
On Thursday, Clark endorsed Bram Kranichfeld, who currently serves as Franklin County state’s attorney.
Kranichfeld, a Democrat, is running to the right of current Chittenden County State’s Attorney Sarah George, who is seeking reelection.
“Bram is incredibly caring, moral, and thoughtful. He is an excellent lawyer, someone whose judgment I trust. I believe he’s the change Chittenden County needs,” Clark said in a statement.
Some have said the race is off to a “spicy” start.
— Ethan Weinstein
Vermont
Trucker’s brief detour into Canada leads to 3 weeks in federal custody – VTDigger
Arnaldo Gregorio Alay Aguilar was following his navigation system while delivering a truckload of logs to New York and ended up at Vermont’s Highgate Springs border crossing into Canada.
Canadian officers would not let him back up the truck for safety reasons, his lawyers say. So he was forced to cross through, make a U-turn and report to a border official on the U.S. side.
That detour led to the 40-year-old trucker being held in federal custody for three weeks. But the government did not make a case for why, according to court documents.
The situation has similarities to a pattern that emerged in recent immigration operations in Burlington and South Burlington, where government lawyers failed to provide evidence when seeking to hold people picked up by U.S. Immigration and Customs Enforcement.
U.S. District Court Judge Geoffrey W. Crawford ordered Alay Aguilar’s immediate release last week “given the nature of the constitutional violations in this case,” according to the court order.
Federal officials “failed to provide Petitioner with a charging document or to articulate a clear or legally sufficient basis for his detention,” his lawyers stated in court filings.
In his order, Crawford noted that the government had offered no justification except a reinterpretation of the Immigration and Nationality Act as it applies to people who originally entered the U.S. without authorization and have been living in the country. Alay Aguilar has a pending asylum application from October 2025.
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Federal lawyers argued that a person in his situation is subject to mandatory detention and not entitled to a bond hearing, at which an immigration judge would consider whether the person is a flight risk or a danger to the community.
That reinterpretation, Crawford determined, was wrong.
Amid the Trump administration’s continued crackdown on immigration, federal judges in Vermont this year have issued a string of rebukes to ICE for violating people’s constitutional rights while detaining them.
Nathan Virag, one of the lawyers who represented Alay Aguilar in federal court in Burlington, said the government had no grounds for holding his client.
“This is a person who did not try to leave the United States. It was an inadvertent reroute that should not count as a departure from the United States,” Virag told VTDigger. Virag is a lawyer with the Association of Africans Living in Vermont.
Co-counsel Erin Jacobsen, a lawyer with the Vermont Asylum Assistance Project, said the hearing March 25 was brief and featured “very little argument by the U.S. Attorney’s Office.”
Spokespeople for U.S. Customs and Border Protection, ICE and the Department of Homeland Security did not respond to questions via email about the case.
Alay Aguilar’s description of what happened when he reached the Canadian border March 5 is contained in the habeas corpus petition filed in U.S. District Court on March 23, the federal response filed March 24 and the judge’s order filed March 25.
A citizen of Ecuador, Alay Aguilar lives in North Carolina and had applied for asylum in October 2025, according to court filings. That case is pending.
A long-haul truck driver with a valid commercial driver’s license, he recently took up an extra gig — to haul timber from Vermont to New York — to pay for an immigration lawyer for an upcoming asylum-related hearing, according to his lawyers’ petition.
Alay Aguilar inadvertently crossed into Canada at Highgate Springs, one of the busiest border crossings in New England, while following directions on the truck’s navigation system, the petition said.
Canadian border personnel, who communicated with Alay Aguilar in Spanish, would not let him reverse the truck for safety reasons.
When Alay Aguilar tried to reenter the U.S., a Customs and Border Protection official gestured for him to exit the truck and walk into a building, which he did.
In the building, Alay Aguilar was allowed to communicate using Google translator on his phone. Officials said there was a problem with the truck’s manifest and ordered him to call the owner, which he did. CBP officials then spoke with the owner in English and did not translate the conversation, court documents state.
Officials then confiscated his phone and handed it to an ICE official. ICE personnel then handcuffed Alay Aguilar and drove him to an office about 15 minutes away where he was detained for about three hours, according to court documents, before being moved to Northwest State Correctional Facility and held there.
Court filings indicate Alay Aguilar fled Ecuador and entered the United States around November 2023. He was detained by the Department of Homeland Security near the Mexican border and held for a few weeks, after which he accepted the government’s offer to fly him to New York so he could pursue asylum outside of detention, his lawyers said in their petition.
He relocated to Charlotte, N.C., and applied for asylum. He received work authorization and is currently employed by a local company in North Carolina. He has lived and worked in North Carolina for two years, where he has friends and a serious girlfriend, his lawyers said in court documents.
“There were no changed circumstances after his release on his own recognizance in 2023, no criminal history, so it really was an unconstitutional detention,” Virag said in an interview.
Cases arising out of accidental border crossings are based on Homeland Security officials “misinterpreting” decades-old rules meant to punish people making an initial entry into the United States or those who are a danger to the community and pose a flight risk, Virag said. Judge Crawford noted in his order that Alay Aguilar had not been found to present a danger or a flight risk.
“These detentions serve no legitimate government purpose or interest,” Virag said.
Similar border crossing detentions last year — involving Alexi and his family and Jose Ignacio “Nacho” De La Cruz and his stepdaughter, for instance — illustrate some of the tactics CBP have used on noncitizens amid detention quotas mandated by the Trump administration.
As for Alay Aguilar, his detention was one of “fear, confusion, isolation, and hopelessness,” his lawyers said in court filings.
“This case had a good outcome, but Mr. Alay Aguilar was subjected to 20 days of detention with absolutely no due process whatsoever — a completely unjustified, inexcusable, traumatizing abuse of power,” Jacobsen said.
“In many ways, Arnaldo’s case was like the other unconstitutional detentions we’ve seen, with our government arresting and detaining people outside of regular and constitutionally required procedures,” she added.
And his lawyers would not have known about his case were it not for the Vermont Asylum Assistance Project’s detention check program, she said. Under that program, lawyers and interpreters proactively visit the detention centers in Vermont. Alay Aguilar was found at the St. Albans prison during one such visit on March 18, she said.
Now that Alay Aguilar has been freed, he is back in North Carolina.
“He will be able to resume what he was doing before his apprehension — working, taking care of his family and continuing to pursue his asylum case,” Jacobsen said.
Vermont
Some Vermont doctors embrace the new ‘direct primary care’ model
BURLINGTON, Vt. (WCAX) – The open house for a new medical office in Williston looked ordinary enough.
On a recent Friday evening, a smattering of prospective patients grazed on fruit and healthy snacks, peeked at the exam room, and chatted with the owner and staff members of Blue Spruce Health.
But the flyer announcing the event contained clues that this wasn’t your typical doctor’s office. It’s one of a growing number of practices in Vermont that deliver medical care through a relatively new model known as direct primary care.
Though similar in concept to a more commonly known version called “concierge medicine,” direct primary care touts cheaper care — fees typically top out at $200 a month — allowing doctors to see patients who are from a range of income levels rather than just high earners. It’s sometimes referred to as “blue-collar concierge.”
Darren Perron spoke with Seven Days’ Alison Novak, who reported on the new health care model in this week’s edition.
Copyright 2026 WCAX. All rights reserved.
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