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FINCH v. COMMONWEALTH HEALTH INSURANCE CONNECTOR AUTHORITY

SJC-11025.

461 Mass. 232 (2012)

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

Supreme Judicial Court of Massachusetts, Suffolk.

January 5, 2012.

Attorney(s) appearing for the Case

Wendy 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, was present but did not argue.

The following submitted briefs for amici curiae:

Doreena Wong , Justin Ma , Daniel S. Floyd , Minae Yu , Jordan Bekier , Christopher Punongbayan , & Kimberly Lewis , of California; Andrew Kang , of Illinois; Miriam Yeung , of New York; Erin E. Oshiro , Jessica S. Chia , & Priscilla Huang , of the District of Columbia; & Jacinta S. Ma for Asian Pacific American Legal Center & others.

Victoria Pulos for Massachusetts Law Reform Institute & others.

Ara B. Gershengorn , Katie Marie Perry , John Reinstein , & Laura Rotolo for American Civil Liberties Union of Massachusetts.

Sarah F. Anderson , Nancy J. Lorenz , & Jan M. Stiefel for Chinese Progressive Association & others.

Present: IRELAND, C.J., SPINA, CORDY, GANTS, DUFFLY, & LENK, JJ.

CORDY, J.

In this case, we apply strict scrutiny to a legislative appropriation that denied State subsidies for the purchase of health insurance to a category of noncitizen immigrants lawfully residing in the Commonwealth (qualified aliens). Under the appropriation, subsidies provided by the Commonwealth Care Health Insurance Program (Commonwealth Care) were made available only to individuals eligible for federally funded public benefit programs, as set forth in the...

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