Lydia LEWIS; Andre Francis; Emiline Forbes; Clara Solano; Wilson Flores, Jr., by his next friend Wilson Flores, Sr.; Norah Murphy by her next friend Eileen Broderick; Alberto Colbourne Cattons; Yoshi Nakanishi; Letitia Morgan; Ada Williams, by her next friend Brenda Liaping; Lech Ciesluk; Carlos Gonzalez, by his next friend Rosa Reid Narvaez; Hutton Griffith; Alexander Bernshtein; Celia Teran; Patricia Arias, by her next friend Phyllis Attale; Carla Coe, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees,
City of New York and New York City Health and Hospitals Corporation, Plaintiff-Intervenor,
v.
William GRINKER, individually and as Commissioner of the New York City Department of Social Services; Cesar Perales, individually and as Commissioner of the New York State Department of Social Services; Alice Amrheim, individually and as Commissioner of the Suffolk County Department of Social Services; Richard N. Durose, individually and as Commissioner of the Oneida County Department of Social Services, Defendants,
Louis W. Sullivan, M.D., Secretary of the United States Department of Health and Human Services, Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 25, 1991.
Decided January 31, 1992.
On Petition for Rehearing March 17, 1992.
Amended April 2, 1992.
Attorney(s) appearing for the Case
Colin Bull, Attorney-in-charge, Lynn M. Kelly, Director of Litigation, The Legal Aid Soc., Harlem Neighborhood Office, New York City (Jane E. Booth, Director of Litigation, Richard Blum, of counsel, The Legal Aid Soc., Civil Appeals & Law Reform, Nancy Morawetz, Washington Square Legal Services, New York City for plaintiffs-appellees.
O. Peter Sherwood, Corp. Counsel of the City of New York (Pamela Seider Dolgow, Elizabeth S. Natrella, Hilary B. Klein, New York City, of counsel) for plaintiffs-intervenors-appellees.
Robert Abrams, Atty. Gen. of the State of N.Y. (Marion R. Buchbinder, Asst. Atty. Gen., New York City, of counsel) for defendant-appellee.
Charles S. Kleinberg, Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty., Robert L. Begleiter, Warren D. Ausubel, Asst. U.S. Attys., E.D.N.Y.) for defendant-appellant.
Cary LaCheen and Herbert Semmel, New York Lawyers for the Public Interest, Inc., New York City, filed a brief amicus curiae on behalf of the American College of Obstetricians and Gynecologists, the American Medical Ass'n, the American Public Health Ass'n, the Greater New York March of Dimes Birth Defect Foundation, the New York State Perinatal Ass'n, the New York State Public Health Ass'n, and the Public Health Ass'n of New York City.
Before: OAKES, Chief Judge, and FEINBERG and WALKER, Circuit Judges.
United States Court of Appeals, Second Circuit.
AMENDED OPINION
WALKER, Circuit Judge:
Eleven years ago, plaintiffs, a group of aliens living in New York, initiated this lawsuit on behalf of themselves and all similarly situated persons seeking to enjoin the Secretary of Health and Human Services (the Secretary) from denying them Medicaid coverage based on their alienage status. Since the suit was filed, the Medicaid statute has been amended in relevant ways...
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