The Corner

Re: Alt

Well Robert, I’ve made it clear that it’s too early to say anything definitive here. We’re still trying to piece together what the decision means, and we’re certainly waiting to hear from the legal experts. But your description of what the decision does strikes me as a technical way of reframing the game of push and shove I described earlier. The Court says it’s just giving the legislature a chance to do whatever it wants, but it seems pretty clearly to be threatening to act on its own to effectively change Massachusetts law if the legislature doesn’t jump first. The language may include deference to the legislature, but the action taken is in fact an attempt to step into the legislative process.

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