Translated from legalese

More than once this session, one of my Judiciary Committee colleagues has declared that the 2nd Amendment prohibits regulation of weapons in common use.

 

When he said it again in a small group meeting about the Governor’s gun bill, I found this excerpt from Justice Scalia’s majority opinion in the Supreme Court decision that struck down a ban on handgun possession in one’s home.

 

     We also recognize another important limitation on the right to keep and carry arms. Miller [a prior Supreme Court decision] said, as we have explained, that the sorts of weapons protected were those “in common use at the time.”  We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.”

 

Translated from legalese: Dangerous and unusual weapons can be prohibited, even if they have been in common use.

 

I read the decision out loud and told my colleague that his statement was misleading.

 

He disagreed.

 

I expect we will discuss this again – in full committee and on the House floor.

My mantra for the week

     Take nothing for granted.

     That’s my mantra for the week.

On my long list of bills, the only ones I’m working on this week are the ones that could still pass the House by Monday night and thereby avoid the Senate Rules Committee.

If the amendment I drafted last night is not adopted in committee today, its chances of being in the final bill are greatly diminished.

So I said to a key staffer this morning, “Am I being a nudge if I ask what’s happened since we first discussed this last night?”

The response was not negative.

On the House floor, I was told that my referendum petition bill was in trouble because of expected Republican opposition.

So I asked Del. Parrott to explain our compromise to the GOP members of the Election Law Subcommittee and to the Minority Leader.  They’re now on board, and the Dems on the subcommittee were told that.

No doubt more mini crises before Monday night…

Drafting on the fly

I grade law students on their drafting in the fall semester.

I drafted an amendment on the fly this afternoon.  I’ll be graded on it twice.

Here’s how this speed drafting came about.

I had been told that there were no problems with the language that I wanted to add to a bill in another committee.

Late this afternoon, I learned that the relevant provision would not be as specific as I had proposed.  The committee will be voting on the bill and the amendments tomorrow.

To have any chance of succeeding now, I would have to tinker with the unsatisfactory language.  Make a not so good amendment better.

A major rewrite has no chance.

I spoke with the person who had helped me draft the language I had originally submitted.  We came up with a suitable revision.

If it’s added to the bill in question, a B.

After that B, the more important grade will be based on whether this language has the positive impact I’m seeking.

We’re a better state

I had given the speech in my head countless times.

This is what I said during yesterday’s floor debate on the death penalty.

Earlier today, each of us passed the Thurgood Marshall statue on our way into the State House.

In addition to Marshall, there is a statue of Donald Gaines Murray.

He attended the segregated Douglass High School and went out of state for college.

He wanted to attend his home state’s law school, which had denied Marshall admission.

Marshall sued the school and won admission for Murray.

But Murray was not his only client.

He also represented James Gross, accused of the murder of a gas station owner in Prince George’s County.

Gross was sentenced to death by hanging.  Marshall asked the Governor to commute the sentence, but he did not.

Marshall brought his experience with capital punishment to the Supreme Court.

As a Justice, he wrote, “The American people, fully informed as to the purposes of the death penalty and its liabilities, would in my view reject it as morally unacceptable.”

The people of Maryland are now fully informed about the death penalty and its flaws.  And so are we as their elected representatives.

Afterwards, a reporter asked for my reaction.

“We’re a better state for ending the death penalty,” I said.

It was spontaneous, and it is true.

 

Low-cost alternatives

Even if your bill does not pass, you can claim victory.

A letter from a committee chair can ask a Cabinet Secretary to do what your bill would have required the agency to do.

Such requests usually receive a positive response.  The Secretary has an ongoing relationship with the chair.

I suggested that two such letters be sent this week.

But no details in this blog until the chairs sign the letters.

Every significant capital project starts with money for design.  The funding for the bricks and mortar follows the next year.  I learned that a long time ago.

A new program where regulations must be written before money is awarded to applicants can start with a small appropriation.  The real money will come the next fiscal year.

I learned that today, when a colleague proposed that low-cost alternative.

The deed is done

After two hours of debate and the rejection of 18 amendments on the House floor last night, the votes are there.

“This bill and this amendment, as well as those that will follow, pose a very straight forward question: Should we end the death penalty in Maryland?” I declared when speaking against the first amendment.

It would have retained the death penalty for someone who committed murder in the first degree while already serving a death sentence or life imprisonment.

It failed, 61-77.

In response to the next three or four amendments, I said, “We cannot single out one type of murder and say it is so horrible that committing this act merits execution.  The flaws in this system do not go away.”

The results were the same.

I did not need to speak in opposition to the remaining amendments.  My point had been made.

Before Friday’s final vote, there will be rhetoric, mine included.  After that, the bill could be petitioned to referendum.

For now, the deed is done.

Spring training of a different sort

I had my rhetorical spring training today.

As the floor leader on death penalty repeal, I will be speaking quite a bit tomorrow and Friday.

Today, I had a little practice.

Our Republican friends were blustering against my legislation to authorize the Attorney General to seek a court injunction if there are reasonable grounds to believe that a violation of our laws against voter suppression is about to occur.

For instance, if word had leaked about the robo calls that urged voters to relax and not go to the polls, a court could have intervened before the dirty trick was perpetrated.

It took me less than a minute to make four points about my bill:

It sanctions conduct, not protected 1st Amendment speech;

There is a similar provision in the federal Voting Rights Act;

An impartial judge must decide that unlawful action is about to take place; and

The House of Delegates has passed this bill before (only to see it die in the Senate).

The bill passed, 91-45.

The secret word is amendment

             “I still insist we take up the tax,” urged a Cabinet member.

“He’s right.  You’ve got to take up the tacks before you take up the carpet,” responded the President, in this instance, Rufus T. Firefly, played by Groucho Marx in “Duck Soup.”

We will take up the gas tax.  The public hearing on the Governor’s bill is Friday.

But for my Monday ritual of outlining tasks and priorities for my long list of bills, the emphasis was no longer on bill hearings, even though I have four this week.

My focus was on amendments.

First and foremost, on death penalty repeal, we will oppose all amendments.

The Senate gun bill includes an amendment that would affect all people who are voluntarily committed to a hospital.

The mental health community feels this would deter countless people from seeking help.  How should the Senate language be modified?  Who can make the most effective case to the work group?

For two of my bills, the amendments reflect a compromise.  Del. Neil Parrott created the software that was instrumental in petitioning marriage equality and the Dream Act to referendum last November.   Our amendment makes it illegal for either side to use fraud, duress, or force during the process of gathering signatures for a petition.

Last year, the Maryland Chamber of Commerce opposed my legislation requiring businesses of a certain size to make their websites useable by the blind.  After discussions this past fall with the Chamber, I are now proposing a tax credit for businesses that make this upgrade.  I will be supporting the Chamber’s amendments at tomorrow’s bill hearing.

In another movie, Groucho crooned, “Whatever it is, I’m against it.”

I’m a big fan of his but not in this instance.

Partial repeal

The death penalty repeal bill was the only legislation on the Judiciary Committee voting list.

The first amendment that was offered would have maintained capital punishment for contract murder.

What I said in response applied equally to the nine that followed.

“The question before us is whether we should end the death penalty.   You can’t have a partial repeal.

The flaws in this process – innocence, race, time, and money – don’t go away if you allow for executions in this one circumstance or any other.”

All of the amendments were defeated.  The favorable report passed, 14-8.

 

Crucial support

“I think the governor has worked this bill [to repeal the death penalty] very hard prior to session and early in session and secured the votes he needs to make sure it’s passed,” Senator Joseph Getty said after the legislation passed the Senate.

There are such bills, where numerous trades must be made to secure passage.  The gas tax will be one.

Death penalty repeal is not.

The Governor’s support has been crucial to getting us where we are today.

So has that of Ben Jealous of the NAACP, numerous religious leaders, and grass roots organizers and advocates.

Most importantly, my colleagues have concluded that our death penalty system cannot be fixed.

Our constituents agree.

I have participated in countless voting sessions over my career.

Tomorrow, when we give a favorable report to the death penalty repeal bill, we will make history.

  • My Key Issues:

  • Pimlico and The Preakness
  • Our Neighborhoods
  • Pre-Kindergarten
  • Lead Paint Poisoning