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Lawsuit filed contesting proof of citizenship for Medicaid
Reflejos ^ | 7/9/2006 | Reflejos

Posted on 07/11/2006 2:34:50 PM PDT by spintreebob

CHICAGO — (EFE) A collective lawsuit filed in Chicago seeks to declare a law unconstitutional that will demand proof of citizenship of 50 million Medicaid beneficiaries of throughout the country. The law, which went into effect on July 1, could lead to the loss of medical benefits for millions of low-income residents if they are not able to prove their status by presenting a passport, birth certificate, or other special documents, according to the lawsuit.

In the lawsuit, which names U.S. Secretary of Health and Human Services Mike Leavitt as the defendant, the Federal District Court is petitioned for an immediate hearing to attempt to block the law.

“Many citizens are going to lose their medical benefits for unconstitutional reasons,” lawyer John Bouman of Chicago’s Sargent Shriver National Center on Poverty Law said in a written declaration. He added that the new measures “will cause tremendous harm to people who are not able to present the required documentation, even though there is no question about their nationality.”

Bouman said the complaint was put forward in Chicago because the majority of the plaintiffs live in this area..... “But we also want to bring the issue forward in Washington, D.C. to bring more attention to the subject and to prevent confusion in the debate over immigration, which is the biggest topic of discussion in the capital today,” he explained.

Stephanie Altman, another lawyer involved in the lawsuit, said there is still a period of 45 days after the law goes into effect before services will be interrupted for those who are affected.

The lawsuit claims that anywhere from 3 to 5 million people in the United States could lose their benefits, while an unknown number could see their services delayed or might not receive Medicaid due to missing documents. The deposition also mentions that for more than a decade, Medicaid benefits were limited to U.S. citizens and legal immigrants who had lived in the country for at least five years.

With the inclusion of the law in the Deficit Reduction Act this year, proof of citizenship would be required only of people whose status was in question, but later it would be expanded as a requirement of all Medicaid beneficiaries. “This measure has the perverse effect of penalizing vulnerable citizens,” said Sarah Somers, another lawyer for the plaintiffs.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Foreign Affairs; US: Illinois
KEYWORDS: illegals; immigrants; immigration; medicaid; tortreform; undocumented; welfarelawsuite
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What phrase or sentence in the constitution makes this law unconstitutional? Where in the constitution is any type of Medicaid "constitutional" ?
1 posted on 07/11/2006 2:34:55 PM PDT by spintreebob
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To: spintreebob

BUMP!


2 posted on 07/11/2006 2:36:09 PM PDT by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
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To: spintreebob

The Activism sidebar is reserved for Activism, protests, news and business of Free Republic Chapters.

Not this.

Please read the following for FR's posting rules for further guidelines.

http://www.freerepublic.com/focus/f-news/1611173/posts

Thanks,


3 posted on 07/11/2006 2:36:36 PM PDT by Admin Moderator
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To: spintreebob

Reflejos? Is that like cornholijos?


4 posted on 07/11/2006 2:37:45 PM PDT by VeniVidiVici (My head hurts.)
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To: spintreebob
WOW! This isn't news?!??!! A group of people suing our government, basically us, is not news? Okay.

Anyway, thanks for posting. I find it shocking that illegals think we owe them free medical care.

5 posted on 07/11/2006 2:40:06 PM PDT by yellowdoghunter (Vote out the RINO's; volunteer to help get Conservative Republicans elected!)
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To: spintreebob

Such silliness.


6 posted on 07/11/2006 2:40:06 PM PDT by taxed2death (A few billion here, a few trillion there...we're all friends right?)
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Comment #7 Removed by Moderator

To: spintreebob

What, they don't give out birth certificates if you are born in this country!?! What a banana republic (/sarcasm)


8 posted on 07/11/2006 2:43:04 PM PDT by Godzilla (Evil can be defeated when the good are unafraid.)
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To: spintreebob

in other news, it was announced today that in order to purchase alcohol and/or lottery tickets, a birth certificate is required.

authorities report they've been deluged with requests for this documentation..(sarc/off)


9 posted on 07/11/2006 2:45:18 PM PDT by GeorgiaDawg32 (I'm a Patriot Guard Rider..www.patriotguard.org for info)
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To: spintreebob
Invasion of privacy, discrimination, denial of civil rights - 5th Amendment right against self-incrimination, cruel and unusual punishment, euthanasia, genocide, infanticide, racial profiling, another example of the Bush doctrine of preemption gone crazy
10 posted on 07/11/2006 2:51:22 PM PDT by street_lawyer (Conservative Defender of the Faith)
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To: spintreebob

Where in the constitution is any type of Medicaid "constitutional" ?

**
Exactly


11 posted on 07/11/2006 2:54:41 PM PDT by Bigg Red (Never trust Democrats with national security.)
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To: spintreebob

C'mon up to Nuevo Jerk, where 80% of my property taxes go to pay medicade, medical for illegals, and retiree benifits.
Nuevo Jerk=NY=The Vampire State. Home of Shrillary, Screwmer, and Elliot Spitzonthelaw


12 posted on 07/11/2006 2:54:56 PM PDT by xcamel (Press to Test, Release to Detonate)
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To: spintreebob

Who knew there was a Sargent Shriver National Center on Poverty Law? Why not call it the Sargent Shriver Never Did An Honest Day's Work Center For Self-Loathing Liberal Guilt?


13 posted on 07/11/2006 3:00:06 PM PDT by thelastvirgil (Incumbent politicians: PUBLIC ENEMY NUMBER ONE.)
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To: thelastvirgil

I mean, it's a great title and all, but you KNOW those libs could never remember all that!!


14 posted on 07/11/2006 3:13:39 PM PDT by singfreedom ("Victory at all costs,.......for without victory there is no survival."--Churchill--that's "Winston")
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To: VeniVidiVici
"Reflejos? Is that like cornholijos?

Politically incorrect I'm sure, but I'm still:

ROFLMAOPMP

15 posted on 07/11/2006 3:14:08 PM PDT by traditional1
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To: spintreebob

Really. But I predicted this law would not do much.
susie


16 posted on 07/11/2006 3:24:30 PM PDT by brytlea (amnesty--an act of clemency by an authority by which pardon is granted esp. to a group of individual)
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To: spintreebob

It's in the MMXII Amendment, Section 453, Para 289: "Medicaid is Marxist cool."


17 posted on 07/11/2006 3:52:32 PM PDT by sergeantdave
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To: street_lawyer

Just exactly what clause in the constitution requires the government to give financial benefits to anyone (without question) who asks for them?

As to self incrimination, if one fradulently gains financial benefits from the government, then a crime has been committed, but if the government stops someone from committing fraud (by asking for ID) then there is no crime, and therefore no possibility of self-incrimination.


18 posted on 07/11/2006 4:06:54 PM PDT by mike70
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To: mike70
Illegal immigrants....particularly those from third world cesspools should be familiar with the process.

After all.. Mexico demands photo ID to compare with the picture of the voter in the electoral voter book.

19 posted on 07/11/2006 6:11:48 PM PDT by spokeshave (The Democrat Party stands for open treason in a time of war.)
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To: spintreebob

How dare we deny benefits to anyone in the world who asks for them. What a horrible nation we are! /Sarcasm


20 posted on 07/11/2006 6:15:56 PM PDT by TheLion
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