[kaila]

Theoretical situation; You were just diagnosed with cancer. You have paid your taxes all throughout you life, but the medical bills will bankrupt you. You apply for Medicaid, but get denied because your income is slightly greater than the illegal aliens who are receiving Medicaid, and the budget only allows a finite amount of money to be paid into Medicaid. As an American taxpayer, you are left out in the cold. Illegals are receiving benefits that a American citizen cannot receive.
I would like to know if this violates equal protection under the constitution, as illegals are receiving beneficial treatment over American citizens. Could a lawsuit test this theory?

[Pearls Before Swine]

The plaintiff would need standing—that is, to show harm. So, you’d have to be in the situation you describe to try. You’d need a conservative lawyer—not necessarily free—who you couldn’t afford to pay, while you were sick, and out of funds.

On the other hand, with the liberal legal aid societies around, it’s easy for the takers to get suits, and they often find liberal judges as well as a government DA who will roll over for them and fight the case.

As to the suit itself... I dunno, I’m not a lawyer.

[jmacusa]

It most certainly does violate the equal protection clause of the Constitution. Illegal immigration itself is a violation of that clause.