By Bob Katzen
The House 23-128, rejected an amendment that would require the House and Senate to request an opinion of the justices of the state’s Supreme Judicial Court (SJC) whenever they have a conflicting opinion with a constitutional officer relative to the constitutionality of legislation being considered.
“The separation of powers doctrine allows each branch of the Legislature, as well as the governor, to ask the SJC for opinions on certain occasions, at their discretion,” said amendment sponsor Rep. Brad Jones (R-North Reading). “This amendment would require the House or Senate to seek an opinion of the SJC if there is a disagreement with a constitutional officer over the constitutionality of a specific piece of legislation. The State Auditor has been given the voters’ approval to audit the Legislature, but the Democratic leadership in both branches have argued that this would be a violation of the separation of powers. Since the SJC would be the final arbiter, we could easily resolve this situation by having the House or Senate request an opinion to settle this matter once and for all.”
Rep. Brandy Fluker-Reid (D-Boston) said the amendment poses unnecessary delays on the legislative process and undermines the authority of the Legislature. She noted the Legislature already has the ability to seek advisory opinions of the SJC, and in fact does so when appropriate. She argued that the amendment would require the Legislature to halt its work any time a constitutional officer raises a concern.
(A “Yes” vote is for the amendment requiring the Legislature to get an opinion from the SJC. A “No” vote is against the amendment.)
Rep. Christine Barber No Rep. Mike Connolly No Rep. Paul Donato No Rep. Erika Uyterhoeven No