The Florida Supreme Court is awaiting a response from Gov. Rick Scott to a lawsuit challenging his refusal to accept $2.4 billion in federal money for a Tampa-Orlando high speed rail project.
The Republican governor has until noon Wednesday to reply to the bipartisan suit.
State Sens. Arthenia Joyner, a Democrat, and Thad Altman, a Republican, claim Florida law gives Scott no choice but to accept the stimulus funding.
Scott says he won't do it because Florida taxpayers may be stuck with billions in cost overruns and subsidies.
U.S. Transportation Secretary Ray LaHood says a revised plan for local management of the project would absolve the state of liability. LaHood has given Scott has until Friday to accept the deal.