Opinion

Bates v. Director of the Office of Campaign & Political Finance

  • 436 Mass. 144
Court
Massachusetts Supreme Judicial Court
Filed
Feb 25, 2002
Status
Published
Author
Cowin
On the bench
Cowin, Greaney, Marshall, Spina
Cited by
30 cases

using Information for Voters statement as an aid to statutory construction

How later courts described this case

  • using Information for Voters statement as an aid to statutory construction
  • “The desire of Massachusetts citizens to place significant limits on their initiative powers in art. 48 resulted in a constitutional amendment that as a whole is considerably more modulated than are the initiative amendments to some other States’ Constitutions adopted at about the same time”
  • purposes not served where Legislature failed to appropriate funds to effect law enacted by ballot measure
  • in ordering compliance with the “Clean Elections Law” enacted through a ballot initiative, the Supreme Judicial Court noted, “If the Legislature wishes not to appropriate funds for the law, it may repeal it”

Written by the judges who cited it.

The opinion

Cowin, J.

(dissenting, with whom Spina, J., joins). Having already expressed my view that the Legislature has acted within its constitutional prerogative, and that, accordingly, the plaintiffs have no rights to be vindicated, it is my opinion that no remedy is appropriate. Therefore, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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