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Voters sue to put health amendment on ballot
BOSTON, Friday, November 10— Today ten Massachusetts voters joined the Committee for Health Care for Massachusetts (CHCM) in a suit to put the Health Care Constitutional Amendment on the 2008 ballot. Some might even vote against it if they get the chance in 2008, but the plaintiffs argue that the General Court has a constitutional duty to vote on every amendment sent to them by the people.
The suit asks the Supreme Judicial Court to order Secretary of State William F. Galvin to put the Amendment before the voters if the Legislature fails to give it a second vote as required by Article 48 of the Massachusetts Constitution.
On Thursday the 9th, the Legislature met in constitutional convention for the sixth time this Session and again failed to vote on the Amendment.
They have recessed until January 2, 2007. Donald K. Stern, Partner at Bingham McCutchen LLP and former US Attorney for Massachusetts, will be handling the case. “The voters seeking to place the Health Care Amendment on the ballot have followed the carefully designed process set out in the Constitution," he stated.
“But they have been stymied by the failure of the General Court to vote again on the amendment. This case asks the Court to declare that this inaction, the unwillingness to vote at all, is contrary to Article 48 and takes away important rights granted to the people.”
In 2003 the Amendment’s supporters gathered over 71,000 signatures. In July 2004 the Legislature approved the Amendment by a 153 to 41 vote—over three times the number required for a citizen petition. Over the objection of 76 legislators, the July 2006 Constitutional Con-vention ducked a vote by sending the Amendment to a “special” study committee. That committee has not met.
“The Amendment’s supporters have done everything in their power to let the people decide if they want to create a collective right to affordable, comprehensive health and mental health care coverage for every Massachusetts resident,” said Barbara Roop, CHCM Co-Chair. “By failing to cast the up or down vote required by our constitution, the General Court has shut down the people’s process and damaged the very fabric of democracy Massachusetts-style.”
The Amendment makes the Legislature and Governor responsible for enacting the laws needed to guarantee every resident access to affordable, comprehensive health and mental health care coverage. It does not specify any particular approach to reform. CHCM Co-Chair Dr. John Goodson said, “the Commonwealth has demonstrated a willingness to boldly address one health insurance crisis by expanding access to those most in need.
But the larger and more challenging crisis of underinsurance demands that affordability be continuously confronted by our elected representatives. The amendment will ensure that this process is sustained.”
Full coverage of this and other aspects of the fight for a just healthcare system, with links, is available on Seachange Bulletin
www.seachangebulletin.org
www.masscare.org