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THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS  TENTATIVELY SCHEDULED FOR DECEMBER 2009
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE NOVEMBER 23, 2009

SJC-10528
Daniel Provencal & another v. Commonwealth Health Insurance Connector Authority & others

Whether the Commonwealth Health Insurance Connector Authority (Connector) must provide, pursuant to G. L. c. 118H, § 3(b), standards and procedures for waiver of the requirement that Massachusetts residents enroll in an employer-sponsored health insurance (ESI) plan, on the ground that it is not affordable, so as to allow eligibility for enrollment in the subsidized Commonwealth Care Health Insurance Program (Commonwealth Care); whether the availability of coverage to individuals who cannot afford ESI but are otherwise eligible for Commonwealth Care is a policy decision committed to the Connector's discretion, unreviewable as a "political question" of government policy peculiarly within the expertise of the administrative agency. 

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

August 24, 2009