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Constitutional Law Keyed to Choper
Mathews v. Diaz
Citation:
426 U.S. 67 (1976)Facts
The plaintiffs were resident aliens over 65 years old who were denied enrollment in the Medicare Part B supplemental medical insurance program. Diaz and Clara were Cuban refugees who remained in the United States at the discretion of the Attorney General, while Espinosa had been admitted for permanent residence but had not resided in the country for five years. Under 42 U.S.C. § 1395o(2), Medicare Part B eligibility was granted to citizens aged 65 or older but denied to comparable aliens unless they had been admitted for permanent residence and had resided in the United States continuously for at least five years immediately preceding their application. The plaintiffs challenged this provision as unconstitutional under the Due Process Clause of the Fifth Amendment, arguing that it impermissibly discriminated against aliens. The District Court agreed, holding that the five-year residence requirement violated due process and could not be severed from the permanent residence requirement.
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