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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.