In the Matter of Mohamed Aliessa, by His Guardian Ad Litem, Sumaya Al Fayad, Appellants v. Antonia Novello…

Summary

The New York Court of Appeals held that New York’s Social Services Law § 122, which denies State Medicaid benefits to lawful alien residents, violates both article XVII, § 1 of the New York State Constitution and the Equal Protection Clauses of the United States and New York State Constitutions. The Court applied strict scrutiny to the alienage classification, found no compelling governmental interest, and reversed the Appellate Division’s decision, remanding the case for further proceedings.