Letter: “Beacon Hill’s two-bosses problem”

Jonathan Cohn, “Beacon Hill’s two-bosses problem (Letter),” Boston Globe, August 10, 2024.

When talking about the dysfunction and over-centralization of the Massachusetts State House, I often describe the building as having a “two-bosses problem.” In most jobs, the person who decides whether to hire and fire you and the person who controls your pay are the same person: what we call a boss. However, in the Legislature, there’s a split: The people who hire and fire you are your constituents, who can exert that power every election, and the people who decide your pay are the legislative leadership, who can dole out the perks with chairs, vice chairs, and other positions (something that’s been sharply detailed in Globe reporting).

Massachusetts is notorious for having among the least competitive elections in the country (in recent years, we’ve ranked dead last), and most legislators will skate by uncontested year after year, never having to meaningfully defend a record to their constituents. Next month’s primary is but the latest example. Whether through more competitive elections or more vocal advocacy, the collective boss of “we the people” needs to do more to remind legislators whom they ultimately serve.

Jonathan Cohn

Policy director

Progressive Mass

Boston

PM in the News: “Beacon Hill faces calls for culture change after chaotic end of session”

Chris Van Buskirk, “Beacon Hill faces calls for culture change after chaotic end of session,” Boston Herald, August 4, 2024.

“Jonathan Cohn, the policy director at Progressive Massachusetts, said there is a “real downside” to having a permanent supermajority in both branches “that never feels the urgency of any issues.”

“For them to change, I think ultimately, some people will have to lose their seats because of it. I think that too often, the House and Senate operate like incumbent protection rackets,” he told the Herald.”

Eagle Tribune: “Mass. legislative process is out of whack”

The Editorial Board, “Mass. legislative process is out of whack,” The Eagle Tribune, August 3, 2024.

“The Legislature ran out the clock on passing meaningful legislation on climate change, despite our living through a summer that continues to break heat records,” said Progressive Massachusetts policy director Jonathan Cohn.

“The Legislature whittled away at the policy components of Gov. Healey’s housing bond bill, caving to real estate interests and ignoring public opinion. We have a housing crisis and a climate crisis, and our Legislature is in clear denial about both,” he said.

WGBH: “Why does the Massachusetts Legislature wait so long to do so much?”

Adam Reilly, “Why does the Massachusetts Legislature wait so long to do so much?,” WGBH, August 2, 2024.

“Jonathan Cohn, the political directorof the group Progressive Massachusetts, argues that this dynamic creates a structural problem that naturally leads to a slowed-down pace.

“In any system … if you have too few people in charge of too many decisions, you get a bottleneck effect,” Cohn said. “And you have that with the Legislature, where you know that the decision making is ultimately Ron Mariano’s decision about what’s in the bill, Karen Spilka’s decision about what’s in the bill … If it’s all just coming through one person, that just slows everything down even more.”

But Cohn also believes there’s a tactical consideration at play. By finalizing key legislation at the last minute, he says — and packing individual bills with a sprawling array of provisions on a particular topic — the House and Senate pave the way for marathon negotiating sessions just prior to the session’s end, in which each side defers to its counterpart in some areas and has the favor returned in others.

“Almost to a person, they’ll just all be back in January,” Cohn, of Progressive Mass, said of state lawmakers. “A handful of retirements. Maybe somebody might lose a seat in a primary or general. But they’ll all be back. And there’s often a way in which they just see it as, ‘Well, we didn’t finish now. We’ll come back in a few months and maybe we’ll pass it then.’ … It flattens the sense of time, because if it happens now, if it happens next year, it’s all the same.”

The Eagle Tribune: “Lawmakers recess, leaving many loose ends”

Christian Wade, “Lawmakers recess, leaving many loose ends,” The Eagle Tribune, August 2, 2024.

“Rather than advancing a robust, shared legislative agenda throughout the past year and a half, our Legislature pushed so many important priorities off to the very end of the session, creating bottlenecks and setting themselves up for failure,” said Jonathan Cohn, policy director at the group Progressive Massachusetts. “It does not have to be this way.”

Statement about Beacon Hill’s Adjournment after a Dysfunctional, Unproductive Session

Jonathan Cohn, policy director of Progressive Massachusetts, released the following statement from the organization about the Legislature’s adjournment with key work left undone

“We are disappointed and appalled to see the ostensibly full-time House and Senate adjourn this morning after failing to take decisive action on so many key issues. 

Rather than advancing a robust shared legislative agenda throughout the past year and a half, our Legislature pushed so many important priorities off to the very end of the session, creating bottlenecks and setting themselves up for failure. 

It does not have to be this way. Why is it? Because of a State House Leadership that is overly deferential to corporate interests and lacking in vision, an autocratic internal structure, and the learned helplessness of too much of the rank-and-file. 

The Legislature ran out the clock on passing meaningful legislation on climate change, despite our living through a summer that continues to break heat records. The Legislature whittled away at the policy components of Governor Healey’s housing bond bill, caving to real estate interests and ignoring public opinion. We have a housing crisis and a climate crisis, and our Legislature is in clear denial about both. 

The list of bills left stalled or defeated through inaction is long and includes legislation that one or both chambers have passed overwhelmingly in past sessions. Next year, we fully expect many of these bills to be refiled, and the Legislature will hold hearings on them in which they will pretend to hear about them for the first time, an insult to the public’s intelligence and their own. 

Advocates have worked hard this session to build momentum for legislation on housing, climate, criminal legal reform, maternal health justice, health care reform, and countless other issues. Their voices, backed by robust public support for action, should be heard. 

The ongoing Veepstakes has highlighted the prolific legislating of narrowly held Democratic majorities in Michigan and Minnesota. When Democrats finally achieved governing trifectas, they immediately went to work to pass long lists of held-up priorities, showing what can be done when the government prioritizes the well-being of the public. Massachusetts likewise finally achieved a Democratic governing trifecta (despite long having the third largest Democratic supermajority in the country) and instead demonstrated dysfunction and lack of ambition. As Vice President Kamala Harris is trying to make the case to the American public that voters should give Democrats a trifecta in DC this November, our Legislature isn’t just failing the people of the commonwealth; they continue to fail the whole country.” 

The 193rd legislative session of the Massachusetts General Court has been historically unproductive. As of July 29, fewer than 230 bills had been signed into law across the two years of the session. By contrast, the last several legislative sessions saw 564 (2021-2022), 539 (2019-2020), 626 (2017-2018), 635 (2015-2016), and 701 (2013-2014) bills signed into law. 

Of the 227 bills signed into law this session as of Monday, 203 were about one city, one town, one person, or a combination of several towns. 

Progressive Massachusetts is a statewide, multi-issue, membership-based advocacy organization focused on shared prosperity, racial and social justice, strong democracy, and environmental sustainability. The organization was founded in 2013 and has 21 chapters across the Commonwealth. 

CommonWealth Beacon: “Why are so many amendments being withdrawn on Beacon Hill?”

Gintautas Dumcius, “Why are so many amendments being withdrawn on Beacon Hill?,” CommonWealth Beacon, July 30, 2024.

“It’s an idiosyncrasy that drives some crazy, while others say it’s just pols being pols. The quirk isn’t limited to the Senate. Progressive Massachusetts noted that the House’s version of a climate bill drew 107 amendments, and 91 ended up withdrawn. “Our great deliberative body,” the advocacy group sarcastically posted last month to X, the social media site formerly known as Twitter.

According to Jonathan Cohn, the group’s policy director, the strategic case for moving a policy issue forward by taking to the floor via an amendment, even if it gets withdrawn, rests on the idea that enough people see or hear the speeches. “I don’t mean to burst the bubble of legislators, but people don’t watch it,” he said. Writing an opinion piece has more impact than a floor speech, which he likened to “fan service.”

“Filing an amendment, getting a handful of supporters and then saying, ‘I’m done, I’m withdrawing it,’ doesn’t move the ball forward,” Cohn added.

It also highlights the decline of debates. As the State House News Service summary of the Senate’s passage of a housing bill noted, “There was little disagreement and few divided votes.”

Beacon Hill observers say some lawmakers would prefer not to be put on the record about a topic that could cost them support, or even worse, reelection. That amounts to an “incumbent protection racket,” Cohn said.”

The Legislative Session Ends in Four Weeks. Here’s What’s Left

State House at night

Four weeks. 

That’s how much time is left in the current formal legislative session in the MA State House. The session will technically continue until the very beginning of January, but the Legislature is unlikely to take up any non-controversial bills after July 31. 

In 2024 so far (the second year of the legislative session), 122 bills have been signed into law. 116 of those 122 were about either one city, one town, one person, or–in one case–two towns. 

Here are the other 6: 

  • Becoming the 49th state to criminalize revenge porn
  • Passing a supplemental budget that imposed cruel limits on shelter stays
  • Authorizing the state to borrow $400 million over the next two fiscal years to finance improvements for municipal roads and bridges — and then establishing that said bonds shall be payable not later than June 30, 2059
  • Establishing a Mitochondrial Disease Awareness Week and a Noah Fernandes Mitochondrial Disease Awareness Day
  • A short-term budget to address the fact that they haven’t passed a budget yet 

That means that there is a LOT left to do in this final month. 

What can you do now? 

You might be seeing your legislators at the local July 4th parade or festival. Make sure that they know you are paying attention and want the Legislature to take action on these many pending issues. And then after you enjoy the holiday, stay tuned for actions and events on how to build momentum in these final weeks. 

Where do things stand? 

The House and Senate have ongoing negotiations (“Conference Committees”) to finalize several bills: 

Added to that list soon will be the Affordable Homes Act, which the House passed in early June and the Senate passed last week. 

What else is still in play? 

Several bills have passed one chamber but not the other. Just over the past couple of weeks, the Senate recently passed a plastics reduction bill and a climate omnibus bill, and the House passed a maternal health bill as well as an economic development bill. 

The Senate has also passed bills to allow for gender-neutral state IDs, to make it easier for unhoused individuals to get state IDs, to require school districts that teach sex ed to use comprehensive, medically accurate curricula, to strengthen our child care and early education infrastructure (a fight also happening through the budget), and to control some prescription drug prices. The House also passed a hospital regulation bill and a long overdue update to parentage laws. 

Some important bills have gotten out of committee, awaiting further action. Here are a few: 

And others are sitting in committee, still alive but awaiting action, such as legislation to raise the age of criminal majority in order to keep teenagers out of adult prisons. 

What should you take away? 

What we should always remember is that we have a full-time legislature and the second largest Democratic supermajorities in the country (and a Democratic trifecta). Our Legislature can and should be ambitious and comprehensive in its policymaking, not procrastinating or playing catch-up. Everything mentioned in this email is something the Legislature can and should do, with the only limitations being those they impose on themselves. 

10 Weeks Left in the Legislative Session. How Has Your Legislator Been Voting?

Did you know that there are only 10 weeks left in the formal legislative session? That’s right: all the major decisions being made and votes being cast on Beacon Hill will be happening in the next 70 days.

But that’s all still to come. Let’s take a moment to talk about the session so far with our Legislator Scorecard.

Our 2023-2024 Scorecard

Fewer Recorded Votes: As of today, the House has only taken 107 recorded votes. By this date in 2022, the House had taken 187 votes, and in 2020, 174. The same problem exists in the Senate, where there have only been 148 recorded votes so far as opposed to 166 by this point in 2022 (and 14 of those 148 have happened just this week with unanimous votes on budget amendments).

Follow the Leader: We have been talking for years about the culture in the Legislature in which legislators defer to the will of the respective chamber’s Leadership, and that shows up even more starkly this year. Fewer votes that are not just party line are making it to the floor. Votes that show clear divides in the Democratic caucus are rare in the Senate and even rarer in the House. Whey such votes do happen, they are typically on roll call votes requested by Republicans which show which handful of Democrats are the most conservative in the caucus but little beyond that.

New Additions to the Scorecard: Massachusetts state legislators have the authority to visit prisons and jails unannounced and without the need for any special permission. Few visit unannounced, but the number of legislators who visit prisons and jails in (also important) scheduled visits is also quite low. The State Legislature votes for the funding for prisons and jails each year, and legislators should be overseeing how that money is being spent and overseeing to what extent laws are being (or are not being) followed. And that requires showing up. So, we decided to add an extra item to this session’s scorecard: whether or not legislators have actually visited at least one of MA’s prisons and jails this session to do such oversight. We reached out to every legislator, and we plan to continually update the data as legislators respond or visit. Feel free to reach out to your own legislator as well.

Missed Votes: It’s the job of a legislator to show up, so our Scorecard has always counted missed votes against legislators. However, if a percentage of missed votes gets too high, a legislator’s score becomes more a story about attendance than about votes. That’s why you’ll see a number of legislators with no score at all: they missed too many of the scored votes. However, every legislator has the ability to submit on record to the House or Senate clerk how they would have voted had they been present, and we will count those.

What’s Coming:

Our scorecard won’t be finalized until the end of the legislative session, and so there might be many more votes to come — and many opportunities for your legislators to show that they stand for the progressive values you care about.