The SJC's tax cut ruling inspires a sigh of relief from Beacon Hill leaders

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Bid your farewells to any potential income tax cut this year. 

The Supreme Judicial Court on Thursday derailed the ballot question that tens of thousands of people hoped to vote on this year, ruling that the plan to drop the income tax rate from 5% to 4% over three years was ineligible because of the work of the attorney general.

The ruling hinged on Andrea Campbell's summary of the measure, which the court said did not include the fact that should the proposal become law, it would also reduce the long-term capital gain tax rate. 

"The summary's contrary statement is not a minor imprecision," the SJC said, calling it "significantly misleading and likely to influence voters."

That's $5 billion in tax relief swept off the decision table with a single ruling, and a big cut to state tax revenues that Campbell's fellow Democrats in the Legislation no longer have fret about the voters approving. 

While there was cause for concern that any ballot question at all could be tossed due to an unfair summary from the attorney general's office, opponents of the question were not focused on that.

The chorus of glee from income tax cut opponents could be distilled in Senate President Karen Spilka's comment: "I'm a little happy."

Spilka's Senate this year also played a major role in helping to sink a potential ballot question cracking down on legislative stipends, which critics say are used to consolidate power, and has been a leader with the House in the push by legislators to resist the 2024 voter law authorizing Auditor Diana DiZoglio to audit the Legislature. 

Ask your Senator to support S. 1114 and S. 1124 for Clean Slate legislation because an old CORI should not mean a lifetime of blocked opportunities.

The statements of relief from tax cut opponents were contrasted with disappointment and outrage from supporters of the question.

"Today's ruling underscores the critical importance of accuracy and impartiality in drafting materials intended for the electorate," Taxpayers for an Affordable Massachusetts ballot campaign spokesperson Chris Keohan said. "This decision disenfranchises millions of Massachusetts voters."

The decision dropped the number of active ballot questions to ten, and erased a worry for legislators who are piecing together a final annual budget and processing an assortment of major bills that could be affected, directly or indirectly, by the impact of tax cuts. 

The news of the week seemed to reflect a slight shift in the approach top Democrats are taking to making major laws this session. 

At this time in 2024, there were numerous bills stuck in one branch or in limbo, including those addressing opioid crisis response, parentage equality, housing, economic development, maternal health, clean energy, long-term care, and more. There were a few bills in conference committees, like those addressing federal matching funds, gun law reforms and the fiscal 2025 budget. 

Many of those topics weren't resolved until well beyond the scheduled end of formal sessions on July 31.

"It's gotta go better than it's been in the past," House Speaker Ron Mariano mused on Wednesday when asked how he thinks July 31 will go this time around under new joint rules, which give lawmakers the flexibility to meet in formal sessions all year, as long as they get the big priorities into conference by July 31. 

"It can't go worse," House Ways and Means Chair Aaron Michlewitz quipped (to the tight laughter of several scrumming reporters who pulled overnights in 2024). 

"We're never going to get credit for this, but I think if you look at the way the new rules has operated so far — and I know we still have some kinks to iron out with that, with some of the stuff to get it online," Michlewitz said. "But the fact of how many major pieces of legislation that both the House and the Senate [have] already taken up at this point, and how many are already going to be taken up before July 1 is a major difference in comparison to where we were two years ago, or even in previous sessions."

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Have lawmakers actually been moving bills at a quicker pace this session?

Negotiators on Tuesday announced that the House and Senate reached an agreement on early literacy, moving to establish statewide standards for evidence-based reading instruction in kindergarten through third grade, expand teacher training requirements, require universal literacy screening and create accountability measures.

That came a week after the surtax supplemental spending bill popped out of conference and weeks after a major new cannabis law rose from conference committee. It's June, and several other proposals are poised for agreements, if Democrats can find common ground.

The school cellphone ban/youth social media regulation combo bill has been in negotiations since June 4. Lawmakers have been negotiating a higher education infrastructure bill since April, and they began conferring on immigrant protections in early June. 

The $63-plus billion fiscal 2027 annual budget is also in closed-door chats, where it has been since early June. 

The Legislature's data privacy bill is halfway to conference, with Sens. Cindy Creem, Barry Finegold and Patrick O'Connor tapped as three of six negotiators. The environmental bond bill the Senate passed in April and the House debated on Wednesday will go to conference, where the fate of the Senate's ban on single-use plastic bags will get ironed out. 

The primary care bill the Senate approved 35-4 Thursday could also be a target for negotiations should the House decide it wants to partake. The proposal would shift healthcare spending in the markets it applies to in an effort to boost the primary care sector, though state health analysts can't say how much money will need to be moved around, and away from other commitments, to meet the target.

Asked what she has heard from the House on the primary care front, healthcare point-person Sen. Cindy Friedman said, "I've heard no feedback from the House, but they know exactly what's coming."

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Mariano seemed slightly skeptical when asked Wednesday if primary care is on his agenda, telling reporters that lawmakers have tried "many solutions over the years" that haven't worked.  

Rumblings began Wednesday that the Senate was close to releasing its version of an energy bill the House passed in February. There were "hopes" it would be available Thursday, though Spilka confirmed day-of that the bill was not coming out yet and then wouldn't commit to a timeline. This is a bill Gov. Maura Healey wants as she frames herself as eternally focused on affordability, and her political opponents say she is one of the reasons for the state's high costs and job growth problems. 

After suggesting Wednesday there were delays in the process, energy point-person Sen. Michael Barrett added to the conversation again Thursday, saying the rollout was delayed due to "unavoidable scheduling complications," that there's "no authoritative text yet," and that the Executive Office of Energy and Environmental Affairs approached the chamber last week with a "major possible addition."

High winter heating bills are about to give way to high summer cooling bills, and ratepayers just want to know how much they might save.

Then there are the real questions everyone's asking: Did Gov. Maura Healey actually make the Scottish national dish haggis legal this week? Was it illegal in the first place? Why were there Scots chanting off her balcony?

Despite an Instagram post in which she signed an "executive order" legalizing the dish — which includes sheep heart, liver and lungs — Healey clarified it as a joke on X on Thursday, writing that "I have received countless messages from Massachusetts residents, Scotland supporters, legal experts, and at least one very concerned sheep regarding my order making haggis legal in Massachusetts."

"After careful review by my offices, I am prepared to clarify that this was, in fact, a joke," a statement read. 

Massachusetts made it through its first two World Cup events without major logistical problems, and the biggest story by far during this tournament here has been the contagious and seemingly unending enthusiasm and stamina of droves of Scottish fans/visitors.

— Around 18 months after voters rid the state of the MCAS, the K-12 Graduation Council this week rolled out final recommendations for graduation standards that include … end-of-course exams?

— Attorneys for lieutenant governor candidate Anne Manning Martin and attorney general candidate Michael Walsh urged the Ballot Law Commission to dismiss complaints alleging they submitted hundreds allegedly fraudulent nomination signatures, citing clerical errors by those filing the complaints.

— The Department of Revenue said Wednesday that World Cup soccer players competing in Massachusetts are subject to the personal income tax

— In order to reach a true compromise on the rent control ballot proposal, House Ways and Means Chair Aaron Michlewitz said this week that proponents need to get "a large group of other folks in the real estate community on board.

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SATURDAY

11 AM — The City of Boston holds a Juneteenth celebration at Franklin Park, bringing together families, community organizations, civic partners, and "cultural bearers" from throughout Boston. The event, which runs through 7 p.m., celebrates the "ongoing work of Black freedom." Gov. Maura Healey is scheduled to speak at 2 p.m. (Shattuck Picnic Area, Franklin Park)

1 PM — Longtime Boston PR leader George Regan Jr. and his wife, Elizabeth, will celebrate the christening of their son, George K. Regan IV, at St. Gregory Parish in Dorchester. Former Gov. Charlie Baker, UMass President Marty Meehan, former Boston Mayor Ray Flynn, former Boston Police Commissioners Bill Bratton and Willie Gross, and others are expected to attend.

SUNDAY

8:30 AM  — U.S. Sen. Ed Markey joins MASSterList columnist Jon Keller’s weekly "Keller at Large" talk show for the first local TV interview of his reelection campaign. The two will discuss Markey’s age, recent calls for him to "pass the torch," his Senate record, and his plans for a third term. (WBZ-TV)

9:30 AM — Commonwealth Fusion Systems Co-Founder and Chief Science Officer Brandon Sorbom talks fusion energy in Massachusetts with NBC 10 reporter Matt Pritchard during his weekly "@ Issue Sit Down" segment. (WBTS-TV)

11 AM  — MBTA General Manager and interim Transportation Secretary Phil Eng joins WCVB’s weekly political talk show "On the Record." (WCVB-TV)

11:30 AM — WCVB’s weekly urban magazine program "CityLine" focuses on the intersection of soccer, culture, and community. Guests include Cape Verdean Association of Boston President Paulo de Barros, Soccer Unity Project President Caroline Foscato, Boston Senior Policy Advisor Anshi Moreno Jimenez, and Boston Director of Small Business Aliesha Porcena. (WCVB-TV)

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