Monday, May 9, 2011
Supreme Judicial Court: heightened judicial review for discrimination against legal immigrants
Claims of discrimination by legal immigrants will now receive the strictest degree of judicial scrutiny under Massachusetts law. This recent announcement by the Supreme Judicial Court is particularly noteworthy because the state's constitutional guarantee of equal protection does not expressly refer to immigration status. The ruling arises out of a class action lawsuit filed by thousands of legal immigrants who allege that they were unfairly denied coverage under the state’s subsidized Commonwealth Care health plan.