Past Supreme Court ruling on illegal Constitutional rights may set precedent on health care

One of the issues within the healthcare argument is if illegal aliens will be covered within ANY of the new legislation.

President Obama assured everyone on prime-time television that no illegals will be covered by his healthcare program.

There are also those who claim that our reform efforts would insure illegal immigrants. This, too, is false. The reforms—the reforms I’m proposing would not apply to those who are here illegally.

People should look towards the legal court rulings in the past to make a reasonable conclusion pertaining to the healthcare issue regarding illegals.

Maybe that’s why Rep. Joe Wilsons’ unexpected and disrespectful outburst to the President, “you lie” crossed his lips.

This court case may give us a clue to our medical future.

The  case involved the ruling on Alien Children Education Litigation

The Fourteenth Amendment provides that

[n]o State shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Fourteenth Amendment of the US Constitution was put to the test in the Plyler v Doe case which was elevated to the US Supreme Court.

In Plyler v Doe, a move to block illegals from attending school in Texas as a  financial measure designed to avoid a drain on the State’s fisc, the increases in population resulting from the immigration of Mexican nationals into the United States had created problems for the public schools of the State, and that these problems were exacerbated by the special educational needs of immigrant Mexican children.

The question presented was whether, consistent with the Equal Protection Clause of the Fourteenth Amendment, Texas may deny to undocumented school-age children the free public education that it provides to children who are citizens of the United States or legally admitted aliens.

Justice Gray concluded

[e]very citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States.

Court Ruled: In Plyler v. Doe (1982), the U.S. Supreme Court ruled that all children who reside in the United States regardless of their immigration status, have the right to a free education. Public schools are not required to ask about a students legal status and consequently there is now a don’t ask, don’t tell mentality for fear of discrimination law suits. 

 

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