The very significant process of deciding whether to confirm arguably the three most powerful positions in the commonwealth is well underway as the Governor’s Council decides whether to confirm the second of three justices nominated by Gov. Charlie Baker to the Massachusetts Supreme Court.

The last of these three hearings before the Governor’s Council will be held Aug. 3 to review the qualifications of Superior Court Judge Kimberly Budd. Superior Court Judge Frank Gaziano of Scituate was confirmed earlier this month and a hearing has been held for Superior Court Judge David Lowy of Marblehead. His nomination was confirmed Wednesday.

In addition to these nominees, Gov. Baker has the unique opportunity to next year nominate two more SJC justices to replace those who will reach the mandatory retirement age of 70.

Our citizenry has elected a Republican governor who will have the unique opportunity to nominate a total of five jurists to the seven-member Court. That means, Gov. Baker’s nominees, should they be approved by the Council, would have the power to influence the majority of the Court on important issues such as abortion laws, the death penalty, gay marriage, equal pay, mandatory minimum sentencing – issues that the liberal state of Massachusetts has historically held dear.

Should we end up with a Republican majority on the SJC, our laws could eventually, if not right away, reflect a more conservative leaning than Massachusetts has historically favored. In short, it is quite possible that our first-in-the-nation gay marriage law could one day be overturned. The concerned members of NARAL demonstrated this understanding when they rallied at Justice Gaziano’s hearing to push for a promise from Baker that all of his nominations would uphold a woman’s right to reproductive choice.

What’s more is that these justices are relatively young, in their 50s, compared to other previously appointed jurists on the SJC. If confirmed by the Governor’s Council, they receive unchecked appointments until they are 70 years old. That means 15 plus years of service in the most powerful positions in the state without a review of their performance.

I am urging our citizens to get in touch with any or all of their eight members of the Governor’s Council to let your voice be heard on what could be Gov. Baker’s most important piece of work as governor with ramifications for our commonwealth that could well extend after he leaves office.


Governor’s Councilor