Whereas; Phil Scott’s reported personal net worth in the 2016 election was $3,100,000[1] at a time when the median net worth across the country was $52,700[2].

Whereas; Phil Scott continues to receive full salary and benefits of $178,274[3] in a state in which the median household income is $60,076[4], and in which the unemployment rate increased from 3.2% in March of 2020 to 23.8%[5] by May 2020 as a result of Phil Scott’s “Stay Home, Stay Safe” order.

Whereas; The Constitutionality of emergency orders enacted during the Coronavirus pandemic are open to question[6] and judicial review[7].

Whereas; Citizens are entitled to take civil action against officials who: “…under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress,…” 42 U.S.C §1983. Civil action for deprivation of rights.

Whereas; The doctrine of "qualified immunity," allows public officials to violate a constitutional right as long as the right has not yet been clearly established in the courts[8]. 

Whereas; In a cross ideological petition to the Supreme Court numerous groups including the NAACP Legal Defense and Education Fund, Americans for Prosperity, The Due Process Institute, National Association of Criminal Defense Lawyers, Reason Foundation, and others summarized their position as: “A civil action under 42 U.S.C. § 1983 is often the only  way  for  a  victim  of  official  misconduct  to  vindicate these federally guaranteed rights.  But qualified immunity often bars even those plaintiffs who can prove their case from remedying a wrong:  harm, but no foul.    Qualified immunity thus enables public officials who violate federal law to sidestep their legal obligations to the victims of their misconduct.”[9]

Therefore; As so many Vermonters suffer hideous financial risk and ruin it is time that Governor Scott’s vast personal fortune be placed at the same risk.  The undersigned call upon Governor Phil Scott to immediately, sincerely, and publicly commit that he will waive qualified immunity in any future civil action brought against him personally under 42 U.S.C §1983 in regards to any issued or to be issued Covid emergency related orders issued by the Executive Branch. 

[1] Paul Heintz, “Phil Scott Releases Tax Return, Reports $3.1 Million Net Worth”, “Seven Days”, 5/2/2016, https://www.sevendaysvt.com/OffMessage/archives/2016/05/02/phil-scott-releases-tax-return-reports-31-million-net-worth
[2] Federal Reserve Bulletin Vol. 103, No. 3, Changes in U.S. Family Finances from 2013 to 2016: Evidence from the Survey of Consumer Finances, Board of Governors of the Federal Reserve System, September 2017
[3] Dominic-Madori Davis and Marguerite Ward, “Here’s the salary of every governor in all 50 US states”, Business Insider, 4/20/2020, https://www.businessinsider.com/governor-salary-by-state-2018-1
[4] United States Census Bureau, QuickFacts Vermont, 5/15/2020, https://www.census.gov/quickfacts/VT
[5] Timothy McQuiston, “Weekly unemployment claims fall by over 1,000 but still historically high”, Vermont Business Magazine, 5/7/2020, https://vermontbiz.com/news/2020/may/07/weekly-unemployment-claims-fall-over-1000-still-historically-high
[6] J.D. Tucille, “We Need Economists, Civil Libertarians, and Epidemiologists in the COVID-19 Discussion”, Reason.com, 5/8/2020, https://reason.com/2020/05/08/we-need-epidemiologists-economists-and-civil-libertarians-in-the-covid-19-discussion/
[7] Jacob Sullum, “Wisconsin Supreme Court Says the State's COVID-19 Lockdown Violated the Rule of Law and the Separation of Powers”, Reason.com, 5/14/2020, https://reason.com/2020/05/14/wisconsin-supreme-court-says-the-states-covid-19-lockdown-violated-the-rule-of-law-and-the-separation-of-powers/
[8] C.J. Ciaramella, “Qualified Immunity Is an Unqualified Disgrace”, Reason.com, 7/2019, https://reason.com/2019/06/17/qualified-immunity-is-an-unqualified-disgrace/
[9] Catherine Stetson, On Petition For A Writ Of Certiorari, Alexander L. Baxter v Brad BraceyNo.18-1287 5/2019