I’ve been frustrated and angry with Maine politics. I was lucky to meet people who feel the same. We talked ourselves into being bold enough to take action. We’re not insiders, and we are too stubborn to accept being unable to change “the way things are done.”
After watching the Legislature unravel in March, we began to think about what happened and questioned if things are really working the way they should. Since when is pretend-adjourning the Legislature a legitimate way to solve a problem?
It turns out the Legislature is not supposed to pretend-do anything. When does it make sense to pass a law you didn’t really mean? When the Legislature adjourns, it’s for real. Which begs the question: Where in the Maine Constitution is the governor granted the power to veto a Legislature’s decision to adjourn? As attorney general, even Janet Mills questioned any governor’s authority to override a legislative adjournment. The night they adjourned the regular session in March, Speaker Rachel Talbot Ross flat-out said, “The House can adjourn as it sees fit.”
A few hours later, neither expressed any concern about separation of powers when Gov. Mills declared that the Legislature’s adjournment threatened “public health, welfare and safety” and ordered the Legislature back into session. Three months later, that special session still sputters on.
When the people who write the rules are the ones breaking them, what do you do? Where do you go?
The courts seem to still think enforcing rules is important. As citizens, we decided to take the leaders of the mess to court. In our lawsuit, we ask the courts to recognize what seems obvious: The governor interfered in the Legislature’s business, and the leaders of the Legislature won’t defend its independence. If the governor’s proclamation isn’t legitimate, then the special session it started can’t be legitimate either. Any laws enacted in an illegitimate session must be just as illegitimate.
So we’re asking the courts to declare unconstitutional Gov. Mills’ proclamation, as well as the special session. All the laws enacted since March would be unwritten. We’re literally asking the courts to reset statuses of all the bills to what they were on the morning of March 31.
We quickly drew interest from fellow Mainers who were eager to do something that might fix even the smallest thing.
We found an attorney who believes in us, organized into Respect Maine and drove on.
When we announced our complaint, we challenged the top politicians to allow our case to be heard and tried on its merits — and not waste time playing procedural games. Nine days later, they filed a 20-page motion to dismiss. Challenge clearly not accepted.
Political insiders called our suit frivolous. Reporters dismissed us as a long shot.
July 14 was our first day in court. It has taken two months to be heard, apparently moving at warp speed for the courts. After months of working, it finally feels real.
As we were sitting in the courtroom, Justice Michaela Murphy made it clear quickly the issues we are raising are far from settled. Our lawsuit raises questions the courts have not answered before.
Early in the hearing, Justice Murphy told the assistant attorney general not to bother anymore with one argument because she wouldn’t accept it. The judge listened and quizzed the assistant attorney general about her other arguments.
Our turn came next. Our attorney emphasized our core claims: that the governor’s powers are not unquestionable and the state constitution actually means what it says in plain words.
Justice Murphy asked many questions to explore the issue on both sides. After all was said, she concluded the hearing by thanking the parties and saying she had some reading to do before issuing a decision.
Our lawsuit is a quiet fight that does not make big headlines. That does not mean it is unimportant, nor does it mean it is a done deal either way. We need for Mainers to understand this is an ongoing fight, and to insist that the judicial branch not dismiss this constitutional issue as being “just politics.”
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