Justice Ginsburg: An astute weather forecaster

Voter suppression takes many forms.

Reducing the number of polling places is one of them.

The Voting Rights Act of 1965 required approval  by the U.S. Justice Department before polling places could be closed in states with a history of voter suppression.

However, the Supreme Court struck down the pre-clearance provision in 2013.

In dissent, Justice Ruth Bader Ginsburg wrote, “Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”

Justice Ginsburg was an astute weather forecaster.

More than a thousand polling places have been closed in states freed from this review.

There are concerns that this could happen here.

To prevent that, the House of Delegates adopted an amendment to House Bill 35 today, requiring that this year’s elections be “conducted at a total number of precinct polling places that were open for in-person voting on election day in the 2018 statewide general election.”

From None to Yes

You withdraw your bill to avoid a recorded committee vote killing it.

It’s tougher to get a member to change a vote from no to yes than from none to yes.

At a subcommittee hearing today, a bill sponsor was giving a very lengthy explanation of why her legislation was needed even though she was withdrawing it.

Then two of the affected health care providers spoke, followed by the chair of the subcommittee.

All four were setting the agenda for the work group that would study the issue before next year’s legislative session.

I learned this morning that my bill giving Baltimore City the authority to regulate the sale of tobacco was in trouble.

A lobbyist and I talked about whether I should withdraw the bill before today’s voting session.

We didn’t.

The bill got an unfavorable report.  It was unanimous.

I’m already thinking about  how to modify the bill to achieve a different result next year.

From the classroom to the other house

When identical bills are introduced in both houses, it’s called crossfiling.

You do this only if you’re confident that your sponsor in the other house will do a good job.

A bad hearing or effort in the other house could doom the bill.

I teach that in my Legislation class.

A dozen years ago, one of my students was Bill Ferguson, now the Senate President.

Last summer, he asked me to crossfile legislation expanding public service opportunities that match 21st century needs of participants and communities.

Think FDR’s Civilian Conservation Corps updated for climate change.

Encouraging public service is one of my highest priorities as a legislator.

Senator Ferguson texted me today that his bill had passed the Senate unanimously.

I responded, “The burden is on me.”

The same legal advice

Over the years, I’ve written quite a few letters seeking legal advice from the Attorney General of Maryland.

As the state’s chief legal officer, his counsel on a bill I’ve introduced is respected by my colleagues.

His advice on a Supreme Court decision is also respected.

That’s why I introduced House Bill 1040.

The Supreme Court recently heard a case regarding the 2nd Amendment.

The decision is expected to affect Maryland’s law, which requires an individual to obtain a license to wear and carry a regulated firearm.

My bill would require the AG to write the Governor, the Senate President, and the House Speaker on the legal implications of the court’s decision for our law.

Both the executive and the legislative branches would receive the same advice.

Hasty contracts and deja vu

Hard cases make bad law.

I learned that in law school.

Hasty contracts make bad deals.

We learned that in Annapolis during the pandemic.

While the flexibility to move quickly during an emergency is important, some recent procurement contracts have come under scrutiny.

The Blue Flame Medical contract and the purchase of South Korean covid tests were made in the confusion of the crisis, and hindsight has demonstrated they were deeply flawed.

At a pre-session briefing, I asked Gregory Hook, the Legislative Auditor, how we could address this problem.

Limit the length of emergency contracts, he replied.

That prompted me to introduce House Bill 767, which limits the length of emergency contracts to six months.

Then they would have to be rebid under the standard non-emergency procedures.

“But would that second contract be reviewed by the same people who OK’d the first version?” one of my colleagues asked at today’s hearing.

I responded, “To quote Professor Berra, that would be ‘déjà vu, all over again.’”

A Prayer for Democracy

Sometimes I have to cast a tough vote.

Many constituents may have written, phoned, or emailed me in opposition to my position.

There may be a neighborhood or constituency that won’t like how I vote.

I learned a long time ago that if people are aware that you work hard, that you study controversial issues before taking your position, they will cut you some slack if you take a vote they don’t like.

But you can’t make a habit of it.

However, nothing I face compares to putting your life on the line to preserve democracy.

No doubt you’ve thought about what you might do if you lived in Ukraine.

I found this essay to be very powerful and want to share it with you.

A Prayer for Volodymyr Zelensky

https://www.theatlantic.com/ideas/archive/2022/02/volodymyr-zelensky-ukraine-president/622938/

Classroom debate

We had a real debate on the House floor today.

Under House Bill 84, students would not be subject to criminal penalties for disruptive, violent, or threatening behavior in a classroom or on the grounds of the school they attend.

We need to address parents’ legitimate concerns regarding both conduct and content in the classroom, I said to a colleague seated near me.

We need to reassure parents that their children’s schools are safe.

We also need to assure them that the curriculum educates students about the good and the bad in American history, as we strive to meet the Constitutional admonition to form a more perfect union.

House Bill 84 passed, 94-42.   It was a party-line vote.  Democrats voted yes.  Republicans voted no.

Amendments and the coin of the realm

The House floor is the wrong place to get your amendment adopted.

My Republican colleagues proposed nearly a dozen amendments to several bills today.

All failed on party line votes.

This process applies to liberal causes as well.

An advocate asked me last night to vote for floor amendments that would strengthen climate bills.

I tried to say “no” in a nice way.

Why is this the case?

If other members support your committee’s work product, then you do the same.

What are your options?

Try to get your amendment adopted by the committee before the bill is reported to the floor.

If you’re a Republican, make it known that voters in purple districts will be reminded of members’ votes on Election Day.

In those rare instances where a controversial bill doesn’t have the votes to pass, trade.

An amendment, a bill, or a capital project in your district are the coin of the realm.

I don’t know

Some things I know.  Some things I don’t know.

I testified today on my Red  Line bill.

When I mentioned that the system would run from Johns Hopkins Hospital to the Social Security complex, I said that these were two of the biggest employers in the metropolitan area.

I didn’t have to look it up.  I just knew it.

This morning, prior to the hearing, I got a letter from the Maryland Department of Transportation “offering…information” but taking no position on my legislation.

I served on the Appropriations Committee for 20 years, but I never served on the subcommittee with jurisdiction over transportation.

(When its subject matter also included law enforcement, it was known as rails and jails.)

I’m getting help in translating MDOT’s letter so that I can reply.

Transportation jargon I don’t know.

Moving forward

Several of my bills are moving forward – in different ways.

Both Senator Hettleman and I introduced legislation requiring that money received from a violation of the housing provisions of Maryland’s Consumer Protection Act be used to provide legal counsel for tenants facing eviction.

Her bill got a favorable committee report.  That gives a boost to my mine.

In his first year in office, Governor Hogan withdrew state funding for the Red Line, a light rail system from the Johns Hopkins campus in East Baltimore to the Social Security complex in Baltimore County.

Those are two of the biggest employment sites in the metropolitan area.

He called it a “boondoggle.”

Federal funding to revive the Red Line was made possible by our Congressional delegation.  Senators Cardin and Van Hollen and Congressmen Mfume, Ruppersberger, and Sarbanes added language to the bipartisan infrastructure bill requiring the Department of Transportation to “provide full and fair consideration to projects that seek an updated rating after a period of inactivity following an earlier rating and evaluation.”

Those five federal legislators have also written a letter supporting my bill to require our state government to update its studies and surveys on this needed mass transit system.  My bill got a favorable report from the Baltimore City delegation.  I’ve been told that my Baltimore County colleagues will take similar action.

I’ve offered amendments to two of my bills.  These compromises would improve the situation that my legislation addresses.

If these amended bills don’t meet my objective, I hope the voters will send me back to Annapolis to finish the job.

  • My Key Issues:

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