IN RE OPINION OF JUSTICES

Request of the Senate, No. 2011-319.

27 A.3d 859 (2011)

162 N.H. 160

OPINION OF the JUSTICES (Requiring Attorney General To Join Lawsuit).

Supreme Court of New Hampshire.

Opinion Issued: June 15, 2011.


Attorney(s) appearing for the Case

William L. Chapman , of Concord, filed a memorandum in support of an affirmative answer to the first question presented.

Michael A. Delaney , attorney general, and another, filed a memorandum in support of affirmative answers to the first and third questions presented and a negative answer to the second question presented.

Douglas, Leonard & Garvey, P.C., of Concord ( Richard J. Lehmann on the memorandum), filed a memorandum on behalf of the New Hampshire Senate in support of negative answers to the first and third questions presented and an affirmative answer to the second question presented.

Wilbur A. Glahn, III and Patrick H. Taylor , of Manchester, filed a memorandum on behalf of former members of the Office of Attorney General of New Hampshire in support of affirmative answers to the first and third questions presented.

James Upshur McClammer, Jr. , of Charlestown, filed a memorandum in support of an affirmative answer to the first question presented.

Mosca Law Office, of Manchester ( Edward C. Mosca on the memorandum), filed a memorandum on behalf of William O'Brien , Speaker , and David J. Bettencourt , Majority Leader, of the New Hampshire House of Representatives, in support of negative answers to the first and third questions presented and an affirmative answer to the second question presented.

NH Voices for Health, of Concord ( Michael J. Cohen and Thomas G. Bunnell on the memorandum), filed a memorandum in support of an affirmative answer to the first question presented.

Gregory J. Vasse , of New London, filed a memorandum in support of an affirmative answer to the first question presented.


The New Hampshire Senate (Senate) adopted the following resolution on May 4, 2011, and filed it with the supreme court on May 5, 2011:

"Whereas, there is pending in the senate HB 89, `An act requring the attorney general to join the lawsuit challenging the Patient Protection and Affordable Care Act;' and

"Whereas, HB 89 as passed by the house of representatives and presently pending before the senate would require the attorney general to move to join the state...

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