BALTIMORE (MD)
Conduit Street - Maryland Association of Counties [Annapolis MD]
September 19, 2024
By Sarah Sample
The Child Victims Act of 2023 and its provisions were tested during a three-hour Maryland Supreme Court hearing to determine whether a past legislature could prohibit the actions of future lawmakers.
The Maryland Supreme Court heard arguments related to the Child Victims Act last Tuesday. As previously covered on Conduit Street, the question of constitutionality was anticipated to come up following the passage of the original legislation in 2023. The arguments went on for over three hours, well longer than usual according to court administrators.
From a Maryland Matters article:
During more than three hours of oral arguments, the justices repeatedly asked about the ability of the General Assembly to pass a law that allowed for lawsuits on older allegations. They also asked if a 2017 law that preceded the Child Victims Act barred future legislatures from revisiting the issue.
Opponents of the law argued that a 2017 law barred future legislatures from revisiting the issue, whereas supporters of the law believe that a prior legislature can not preclude a future legislature from adjusting prior statutes. During interviews with the Baltimore Sun, State legislators said they would comply with the ruling but reiterated that the intent from 2017 was not to remove the power to make more adjustments in the future.
During the 2023 legislative session, when the Child Victims Act was being debated in the Maryland General Assembly, MACo weighed in with a letter of information, supporting the intent of the bill and generally informing the legislature of the potential effects on local governments. A ruling is expect before the current Maryland Supreme Court term ends in August of 2025.