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Commonwealth Of Massachusetts Supreme Judicial Court Brief For The Plaintiffs On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-11025 (Filed August 22, 2011), Wendy E. Parmet, John H. Cushman
Commonwealth Of Massachusetts Supreme Judicial Court Brief For The Plaintiffs On Reserve And Report From The Single Justice, Finch, Et Al. V. Commonwealth Health Insurance Connector Authority, Et Al., No. Sjc-11025 (Filed August 22, 2011), Wendy E. Parmet, John H. Cushman
Wendy E. Parmet
In Finch v. Commonwealth Health Insurance Connector Auth., 459 Mass. 655 (2011), the Massachusetts Supreme Judicial Court ruled that a state law excluding a class of legal immigrants from Commonwealth Care, a key component of the state’s 2006 health reform act, discriminated against legal aliens and was subject to strict scrutiny under the Massachusetts Constitution. Following that ruling, the plaintiffs filed a motion for partial summary judgment. The state opposed the motion arguing that the exclusion was narrowly tailored to serve the compelling state interest of furthering national immigration policy. In this brief, the plaintiffs argued that the statute could …