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FINCH v. COMMONWEALTH HEALTH INSURANCE CONNECTOR AUTHORITY

SJC-10748.

459 Mass. 655 (2011)

DOROTHY ANN FINCH & others v. COMMONWEALTH HEALTH INSURANCE CONNECTOR AUTHORITY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 6, 2011.

Attorney(s) appearing for the Case

Wendy E. Parmet ( Lorianne Sainsbury-Wong with her) for the plaintiffs.

Kenneth W. Salinger , Assistant Attorney General, for the intervener.

Carl Valvo for Commonwealth Health Insurance Connector Authority & another.

The following submitted briefs for amici curiae:

Mary M. Calkins , W. Keith Robinson , & Vid Mohan-Ram , of the District of Columbia, & Michael J. Tuteur for Irish Immigration Center.

Julie A. Su , Justin Ma , Daniel S. Floyd , Elaine Ki Jin Kim , & Minae Yu , of California; Meredith Higashi , of the District of Columbia; & Ami Gandhi , of Illinois, for Asian Pacific American Legal Center & others.

Victoria Pulos for Massachusetts Law Reform Institute & others.

Anthony D. Mirenda , Ara B. Gershengorn , Thomas Ayres , Katie Marie Perry , & John Reinstein for American Civil Liberties Union of Massachusetts.

Present: IRELAND, SPINA, CORDY, GANTS, & DUFFLY, JJ.

SPINA, J.

This case involves four questions reserved and reported from the county court relating to the standard of review applicable to a statute that excludes aliens lawfully residing in the Commonwealth from participating in a public benefit program for which the Commonwealth receives certain Federal reimbursements. Commonwealth Care Health Insurance Program (Commonwealth Care) is a premium assistance program in which enrollees pay a portion of their health insurance...

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