'We Got It Wrong': Mass. Top Court Throws Out Rent Control Initiative in Latest Election Ballot Ruling
Elissa Flynn-Poppey and Edmund Daley were featured in a Law.com article about a significant victory they secured before the Massachusetts Supreme Judicial Court, which ruled that a proposed statewide rent control ballot initiative could not appear on the November ballot. The court held that the measure violated Article 48 of the Massachusetts Constitution because it made religion a factor in the law’s application by including an exemption for facilities that are operated solely for religious purposes.
Ed comments: “Our approach focused on this threshold constitutional issue, demonstrating that even broadly framed policy proposals must satisfy the specific requirements and exclusions set forth in the Constitution. The ruling underscores the importance of those structural limitations in the initiative process.”
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