Aliessa v. Novello is a landmark constitutional law case brought in 1997 on behalf of twelve indigent immigrants at risk of dying or suffering severe physical harm when their State-funded Medicaid coverage was to be terminated by the State legislature, which had amended Section 122 of the Social Services Law to restrict eligibility for most non-citizens. In its ruling, the New York Court of Appeals held that discrimination against lawful immigrants on the basis of their alienage violates the equal protection guarantees of the New York and federal Constitutions.

Throughout the case, we argued that the Court of Appeals should apply strict scrutiny to strike down Section 122, and the Court agreed. Under strict scrutiny, a statute violates equal protection if it does not “further[r] a compelling state interest by the least restrictive means practically available.” New York’s highest court also importantly held that the legislature may not refuse aid to those whom it has categorized as needy under Article XVII, § 1 of the New York Constitution.