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MATHEWS v. DIAZ

No. 73-1046.

426 U.S. 67 (1976)

MATHEWS, SECRETARY OF HEALTH, EDUCATION, AND WELFARE v. DIAZ ET AL.

Supreme Court of United States.

Reargued January 12, 1976.

Decided June 1, 1976.

Attorney(s) appearing for the Case

Harriet S. Shapiro reargued the cause for appellant. With her on the brief on reargument were Solicitor General Bork, Assistant Attorney General Lee, and David M. Cohen. On the brief on the original argument were Solicitor General Bork, Assistant Attorney General Hills, Gerald P. Norton, and Mr. Cohen.

Bruce S. Rogow argued the cause and filed a brief for appellees on reargument. Alfred Feinberg argued the cause and filed a brief for appellees on the original argument.*

MR. JUSTICE STEVENS delivered the opinion of the Court.

The question presented by the Secretary's appeal is whether Congress may condition an alien's eligibility for participation in a federal medical insurance program on continuous residence in the United States for a five-year period and admission for permanent residence. The District Court held that the first condition was unconstitutional and that it could not be severed from the second. Since we conclude that...

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