Second Amendment protections are “not limited to firearms,” Justice Serge Georges wrote for a unanimous court. “Like handguns, a person can carry a switchblade for offensive or defensive purposes in case of confrontation.”
Courts
Posted inCourts
SJC to decide who gets $70,000 ring after engagement called off
The question before the high court, according to a request for amicus briefs, is whether Massachusetts courts should continue applying a “fault-based approach” in determining whether an engagement ring must be returned to the giver after a broken engagement. If not, the court asks, what’s the better rule?
Posted inHousing
Milton makes interesting case on MBTA Communities Act
“This is a case about the separation of powers and the rule of law—about who sets the rules that govern the Commonwealth and how they do so,” says the Milton brief.
Posted inCourts
Failure to put down dying dog is not crime, SJC rules
“Our opinion should not be read to condone the conduct alleged in the complaint or take a position one way or the other regarding ‘complicated’ and ‘heartbreaking’ end-of-life decisions,” Justice Frank Gaziano wrote for the court. “Instead, we hold, on these facts, that the defendant committed no crime.”
Posted inCourts
SJC dismisses challenges to MCAS ballot question info
The challenges, one from supporters and one from opponents of the question, took issue with the title and one-sentence statements summarizing what yes and no votes would mean. Both challenges claimed the information provided was misleading because not enough details were provided.
Posted inPublic Records
Court orders DiZoglio to remove audit redactions
A judge ordered state Auditor Diana DiZoglio to release unredacted reports on two Massachusetts sheriffs’ departments, ruling that public disclosure of the information that had been blocked would not pose a risk to public safety or cybersecurity.
Posted inBallot Questions
SJC green-lights tipped wages ballot measure
A ballot initiative that would raise the minimum wage for tipped workers and let employees pool tips cleared the state’s highest court, with justices concluding the petition’s language is just fine to put before voters.
Posted inCourts
Political Notebook: Judicial mischief | Incumbent stronghold | Home equity reckoning
“Chief Justice Gants has said that if he couldn’t have played for the Red Sox, being chief justice ultimately was a good second, solid choice,” Gov. Maura Healey said.
Posted inCourts
On 20th anniversary of same-sex marriage, here’s the story of how it almost did not happen
The story of how we stopped the “Defense of Marriage” amendment before the Goodridge ruling has never been fully told. And it’s a real banger of a tale.
Posted inOpinion
Lawmakers, do the right thing on civil legal aid
Recent investments from the state have helped legal aid organizations serve more people in need of assistance. These increased investments have led to fewer eligible people being turned away. Still, only about 50 percent of eligible applicants receive legal assistance.
Posted inCourts
Uber, Lyft say they aren’t transportation companies, liken themselves to travel agents
The latest leg in a multi-front worker classification fight kicked off in Suffolk Superior Court on Monday, with the start of Attorney General Andrea Campbell’s lawsuit against ride-share giants Uber and Lyft.
Posted inOpinion
It’s past time to move Bridgewater State Hospital out of the Department of Correction
THE REPORT RELEASED in March condemning Bridgewater State Hospital —Massachusetts’s state psychiatric facility — felt more like a broken record than a revelation. The 87-page document outlined issues that have […]
Posted inPolitics
Political Notebook: The Dan Rea primary | Satanists bedeviling Boston City Hall
Elizabeth Warren’s two Republican challengers go on the radio, while federal judges suggest Satanists bedeviling Boston City Hall might have a point.
Posted inBallot Questions
SJC appears open to letting tipped-worker question go to ballot
MULLING A CHALLENGE to a tipped-wage initiative proposed for the November ballot, justices of the Supreme Judicial Court on Wednesday seemed skeptical of arguments that they should keep the measure […]
Posted inCourts
SJC ponders environmental justice, East Boston substation
A clarification has been added to this story. A PROPOSED ELECTRICITY substation in East Boston has become a test case for how much energy infrastructure an environmental justice community should […]
Posted inCourts
Is collecting your data the modern wiretap?
Could using AdTech software to monitor a public website visitor’s online actions amount to an illegal wiretap in Massachusetts?
Posted inCourts
Arguments in 7-Eleven franchise case ‘almost incomprehensible’
A case that has ping-ponged between state and federal courts considering whether 7-Eleven franchisees are independent contractors or employees under Massachusetts law left the SJC openly befuddled.
Posted inCourts
SJC gives life to complaints of Tufts tenured faculty
The Supreme Judicial Court partially overturned a lower court decision that Tufts University did not violate promises of academic freedom and economic security made to tenured professors, concluding that a group of professors whose salary and full-time status were reduced can sue the university.
Posted inCourts
Full SJC to hear Milton rezoning case
Justice Serge Georges Jr. said the case against Milton, which centers around how to enforce the MBTA Communities Act, “raises novel questions of law which are of public importance and which are time sensitive and likely to recur.”
Posted inCourts
On zoning law, Campbell seeks legal shot across the bow
Campbell wants to skip a trial in Superior Court and go straight to the SJC in May in an effort to establish clearly that Milton and other communities in the state are subject to the law and her office has the authority to enforce compliance.
Posted inHousing
A divided Milton heads into court
Milton seems unprepared, partly because of the fast-moving pace of legal action and mostly because town officials are as divided as the town they represent.
Posted inCourts
Unions launch pre-emptive strike against ride-share ballot questions
Massachusetts is Not For Sale, a coalition of labor organizations including the Massachusetts AFL-CIO, is arguing that the SJC should keep five different versions of the Big Tech-backed ballot initiative away from voters, claiming in a new brief that each petition “contains multiple unrelated policy choices” and “all the petitions appear designed to sow maximum voter confusion.”
Posted inCourts
SJC upholds Brookline’s phased tobacco ban
The retailers argued that the 2021 Brookline bylaw was pre-empted by a state law approved in 2018 that raised the minimum age for purchasing a tobacco product from 18 to 21. The retailers pointed out that the Brookline bylaw effectively means someone born after January 1, 2000 will not be able to purchase a tobacco product regardless of their age.
Posted inOpinion
Why we need more Parole Board members
The Massachusetts Parole Board, already stretched beyond its capacity to handle cases in a timely fashion, will soon have more because of a recent landmark Supreme Judicial Court ruling.
