Linda LEWIS, Plaintiff-Appellee,
City of New York, New York Health and Hospitals Corporation, Intervenors-Plaintiffs-Appellees,
Cesar Perales, Commissioner of the New York State Department of Social Services, Defendant-Appellee,
v.
Tommy G. THOMPSON, Defendant-Appellant.
United States Court of Appeals, Second Circuit. August Term, 2000.https://leagle.com/images/logo.png
Argued: December 5, 2000.
Decided: May 22, 2001.
Attorney(s) appearing for the Case
Thomas M. Bondy, Wash., D.C. (David W. Ogden, Acting Asst. Atty. Gen., Mark B. Stern, Dep't of Justice, Wash., D.C.; Loretta E. Lynch, U.S. Atty., Brooklyn, N.Y., on the brief), for defendant-appellant.
Richard Blum, New York, N.Y. (Helaine M. Barnett, Scott A. Rosenberg, The Legal Aid Soc'y, New York, N.Y., on the brief), for plaintiff-appellee.
Michael D. Hess, Gail Rubin, Elizabeth S. Natrella, N.Y. City Corp. Counsel, New York, N.Y., on the brief, for intervenors-plaintiffs-appellees.
Eliot Spitzer, N.Y. State Atty. Gen., Mary Fisher Bernet, Marion R. Buchbinder, New York, N.Y., on the brief, for defendant-appellee.
(Beth D. Jacob, Brobeck Phleger & Harrison, New York, N.Y., submitted a brief for amici curiae Am. Coll. of Obstetricians and Gynecologists, Am. Med. Ass'n, Am. Pub. Health Ass'n, Greater N.Y. March of Dimes Birth Defects Found., N.Y. State Pub. Health Ass'n, N.Y. Academy of Med., Pub. Health Ass'n of N.Y. City, Am. Academy of Pediatrics, N.Y. Obstetrical Soc.).
Before NEWMAN, KEARSE, and WINTER, Circuit Judges.
United States Court of Appeals, Second Circuit. August Term, 2000.
JON O. NEWMAN, Circuit Judge.
The principal issues on this appeal are whether Congress, in enacting in 1996 what is usually called the Welfare Reform Act ("the Act"),1 prohibited most female illegal (technically "unqualified") aliens from receiving Medicaid-sponsored prenatal care, and, if so, whether that restriction is unconstitutional with respect to either the alien mothers or their United States citizen children. The Secretary of...
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