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Oral arguments have been set in the case of two state senators challenging Governor Rick Scott’s authority to single handedly stop high speed rail. Today Scott filed his response to the suit calling rail “not wise policy.” As Whitney Ray tells us, the case comes as a federal deadline to claim the 2.4 billion dollars for rail approaches.

The future of high speed rail is now in the hands of the justices of the Florida Supreme Court after two lawmakers filed suit Tuesday, claiming Scott can’t stop rail by himself…

“Not a monarchy, he’s not a king. This is a democracy,” said Senator Arthenia Joyner.

Scott defended the decision on Fox News Wednesday morning. He also told the hosts that high speed rail would only create temporary jobs. Not true says AFL-CIO Legislative Directory Rich Templin. The 2.7 billion dollar project is expected to create 48-thousand jobs. About half are construction jobs.

“No way that you’re not going to create all types of small businesses both in tourism and in other support services for the rail line,” said Templin.

Wednesday Scott also filed this response to the suit. In it, he argues the decision is all his. In 2008 lawmakers took Governor Charlie Crist to court over a deal he inked with the Seminole Indian Tribe to expand gaming. Lawmakers won.

It’s a primary function of the Supreme Court’s to resolve matters between the legislature and the executive branch. Justices have been known to throw out cases that wreck of politics or where lawmakers are acting outside of the wishes of a majority of the legislative body.

But in this case the suit is bi-partisan and even though the Senate President isn’t offering his support both lawmakers represent districts directly impacted by Scott’s decision. Oral arguments have been set for 3:00 EST tomorrow afternoon. Each side will be given 20 minutes. Proponents of rail hope the justices rule quickly.