Rethinking Retroactivity in Light of the Supreme Court’s Jury Unanimity Requirement

MICHAEL C. DORF

In light of the U.S. Supreme Court’s decision Monday in Ramos v. Louisiana, in which it held that the federal Constitution forbids states from convicting defendants except by a unanimous jury, Cornell law professor Michael C. Dorf discusses the Court’s jurisprudence on retroactivity. Dorf highlights some costs and benefits of retroactivity and argues that the Court’s refusal to issue advisory opinions limits its ability to resolve retroactivity questions in a way that responds to all the relevant considerations.

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Boss v. Town of Leverett

Docket: SJC-12780

Opinion Date: April 23, 2020

Judge: Cypher

Areas of Law: Labor & Employment Law

The Supreme Judicial Court affirmed the decision of the superior court granting summary judgment in favor of Susan Boss on her complaint seeking a declaration that the Town of Leveret was obligated to pay fifty percent of the full premium cost for health insurance for retired town employees and their dependent spouses, holding that by adopting Mass. Gen. Laws ch. 32B, 9A, the Town was required to cover fifty percent of the premiums for both retirees and the retirees' dependents. Boss was a retired Town employee. Since her retirement, the Town had paid fifty percent of her premium contribution based only on the premium cost for individual coverage. Consequently, Boss had been responsible for covering the balance of the plan premium in order to continue coverage for her spouse. Since become Medicare eligible, Boss continued to pay the full premium for her husband's individual plan. After Boss brought this action the superior court granted summary judgment in her favor. The Supreme Judicial Court affirmed, holding (1) the Town's adoption of section 9A obligated it to contribute toward the premiums associated with retirees' dependents; and (2) section 9A was successfully adopted at the Town meeting on April 24, 2004.