Cal. Prop. 187

Sanford Levinson SLevinson at MAIL.LAW.UTEXAS.EDU
Wed Nov 6 14:15:07 PST 2002


I was teaching Prop 187 in my "Constitution and the Welfare State" course
this morning, and the question arose whether any of its sections--that deny
illegal aliens (and, presumably, their non-citizen children) access to a
variety of state benefits ranging from education to medical care--have been
successfully attacked.  I think I recall that a District Judge enjoined
enforcement of the "no education" section, invoking Plyler (another case
whose status has to be strikingly uncertain), but has anyone, e.g., sued
with regard to the medical care provisions, which allow only such emergency
aid as is required by federal law?  I take it this would deny medical care
to someone who is, say, chronically ill but not suffering an
"emergency."  You may reply on-list or off-list.

Thanks.

sandy



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