Following Up on Some Issues

(A few developments on three posts from earlier this year: Baker’s welfare policy, Mass Fiscal’s disclosure policy, the SJC’s ruling on mandatory minimum sentences.)

Back in June, Governor Baker sought unsuccessfully to reduce state welfare payments to families in which a disabled family member was receiving federal disability payments. Under Baker’s plan, as the Herald reported, the state would no longer pay $400 per month to a grandmother who’s caring full time for her 13-year-old granddaughter who cannot walk or talk because of the cerebral palsy that she has had since birth. The cutoff of state funds Baker proposed would have left the family of two to survive on the $750 per month in federal disability payments the granddaughter receives.  The Legislature told the Governor no.

In August, the Supreme Court of New Hampshire struck down a welfare eligibility restriction in that state very similar to the rule Governor Baker wanted Massachusetts to adopt. The federal disability payments, the court ruled, were intended as specific assistance to persons with disabilities and were not intended to be available for the family’s general living expenses. One hopes that if the Legislature’s rejection of Baker’s proposal does not deter him from introducing it again, the New Hampshire Supreme Court decision will.

***

In August, after the Legislature passed a law requiring organizations that use direct mail for their electioneering to disclose the names of their five largest donors, just as organizations that use paid television, internet and print advertising must do, the Massachusetts Fiscal Alliance, purveyor of preposterous allegations about the voting records of its opponents, was left with a choice — either divulge the names of its five biggest donors, or curtail its electioneering.  They recently announced that they would keep their donors’ names secret, which means that their direct mail efforts this election season will not be indulging in their usual farcical claims but will merely encourage recipients to visit their website.  In an effort to portray this decision as a victory, Mass. Fiscal commented that it never wanted to become dull:  “We are always looking at ways to improve our effectiveness in communicating with the voters.”

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In April, the Supreme Judicial Court heard arguments in a District Attorney’s appeal of a case in which the trial judge declined to impose the statutory minimum mandatory prison sentence for drug distribution on a disabled black man who had been convicted of possessing an amount of drugs weighing less than a five-gram packet of sugar.

Earlier this month, the court issued an opinion reversing the trial judge and ordering that the minimum mandatory sentence (3 1/2 years instead of the 2 1/2 years the trial judge ordered)  be imposed. But in that decision, the Court also sent a message to the Legislature that arguments about the unconstitutionality of mandatory minimums, such as the strong evidence of their racially discriminatory application during the twenty years that they have been on the books, might be appropriate for the court to consider in future cases.

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