· 6/5/2001
MATTER OF ALIESSA v. Novello
Citations
- 754 N.E.2d 1085
- 96 N.Y.2d 418
- 730 N.Y.S.2d 1
- 2001 N.Y. LEXIS 1407
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that states “are free to discriminate in either direction — producing not uniformity, but potentially wide variation based on localized or idiosyncratic concepts of largesse, economics and politics”
- finding that the state’s denial of Medicaid benefits through adoption of the five-year ban was not enacted pursuant to a uniform federal rule and could not survive, strict judicial scrutiny
- rejecting that the PRWORA creates uniformity because “the States are free to discriminate in either direction — producing not uniformity, but potentially wide variation based on localized or idiosyncratic concepts of largesse, economics and politics”
- applying strict scrutiny to New York law excluding non-emergency Medicaid coverage for certain aliens, notwithstanding the law’s incorporation of the Welfare Reform Act’s eligibility requirements
- “We conclude that [the statute] is subject to — and cannot pass — strict scrutiny, notwithstanding [PRWORA’s] authorization”
- “If the rule were uniform, each State would carry out the same policy under the mandate of Congress—the only body with authority to set immigration policy”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rosenblatt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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