Massachusetts Supreme Judicial Court has sided with the state Senate in a constitutional dispute with the House over taxes. The Justices decision says the Senate was not out of line when it approved a budget amendment freezing the state’s income tax rate and increasing the earned income tax credit. In Massachusetts, House lawmakers are responsible for originating so called money bills, legislation that raises money through taxation. The SJC found the Senate added provisions to shape policy, but didn’t originate anything.
While it’s not routine for the SJC to intervene in legislative matters, Eric G0uvin, Dean at Western New England University Law School, says the option is in place for a good reason.
“In these very special situations it’s designed to avoid the case where something that’s unconstitutional at the time of enactment goes through and is challenged later,” Gauvin says. “It’s designed to be more economical. ”
House and Senate negotiators are currently working on a final version of the $38-billion state budget for the fiscal year beginning July 1.