The governor and lawmakers know what's going on with the fledgling program, he said.
Kennedy told the judge that the plaintiff's lawyers don't have proof to back up their claims, and that is why they were so intent in having the case handled in a trial court rather than an appeals court where judges rely on a record that has already been established.
"They have alleged that there has been some sort of conspiracy," Kennedy said. "There's no evidence of that. What they would like to do is conduct ... essentially a fishing expedition, to decide if their conspiracy theories are in fact true."
"For them to say everyone knows what's going on is a complete farce before this court because no one knows what's going on," Davis said.
She said she hopes that the appeals court will refer portions of the case back to a lower court so she can gather more information, but there's no guarantee that will happen.
Jacobson ruled that the case should be transferred simply because it's appellate courts that handle most suits dealing with action or inaction by state government agencies.
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