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Albano v. Reilly et al



In Albano et al v. Reilly et al, GLAD challenged the propriety of the Attorney General’s certification of the ballot initiative.  GLAD’s claim was based on the sweeping nature of the amendment.  GLAD claimed that the petitions violated rules in the Constitution about the subject matter of initiative petitions.  Unfortunately, the SJC did not share GLAD’s view that they related to the power of the courts and affected individual access to the courts, both of which are excluded matters under the state constitution.  Instead, the Court ruled that the petitions were correctly certified and the initiative process could proceed.

Though the court rejected GLAD’s claim, the decision was rendered moot by the Massachusetts legislature, ultimately defeated the amendment by voting to adjourn the Constitutional Convention in July, 2002 without taking the vote necessary to put the question before the voters in November 2004.