GUAMAN v. VELEZ

Docket No. A-1870-10T2

74 A.3d 931 (2013)

432 N.J. Super. 230

Manuel GUAMAN, Maria Guaman, Nadia Chery, Deyinira Valenzuela, Rosa Rodriguez and Keithion Blake, Plaintiffs-Appellants, v. Jennifer VELEZ, Commissioner of New Jersey Department of Human Services and John Guhl, Director of Medical Assistance and Health Services, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 13, 2013.


Attorney(s) appearing for the Case

Jennifer B. Condon argued the cause for appellants (Seton Hall University School of Law Center for Social Justice and Gibbons, P.C., attorneys; Lawrence S. Lustberg , Newark, of counsel and on the brief; Ms. Condon and Rachel Lopez , on the brief).

Melissa H. Raksa , Assistant Attorney General, argued the cause for respondents ( Jeffrey S. Chiesa , Attorney General, attorney; Ms. Raksa, of counsel and on the brief; Dianna Rosenheim , Deputy Attorney General, on the brief).

Judah Skoff argued the cause for amicus curiae New Jersey Appleseed Public Interest Law Center; New Jersey Policy Perspective; New Jersey Citizen Action; State Parent Advocacy Network; Family Voices of New Jersey; Next Step; New Jersey Working Families Alliance; Blue Wave; South Jersey Chapter of the National Organization of Women; The Unitarian Universalist Legislative Ministry of New Jersey; The Lutheran Office of Governmental Ministry in New Jersey; Latino Action Network; and Democracia (McCarter & English, LLP, attorneys; John C. Kelly and Mr. Skoff, Newark, of counsel and on the brief).

Ronald K. Chen argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Rutgers Constitutional Litigation Clinic Center for Law & Justice, attorney; Mr. Chen, Trenton, on the brief).

The opinion of the court was delivered by


REISNER, P.J.A.D.

The issue in this case is whether, consistent with the United States Constitution and the New Jersey Constitution, the State may eliminate state-funded Medicaid benefits for adult legal permanent resident aliens who do not qualify for federally-funded Medicaid benefits, i.e., adult legal aliens who do not meet the federal five-year residency requirement set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA...

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