Legal
Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: Soskin v. Reinertson
Case Number: 03-RB-529, United States District Court, District of Colorado; No. 03-1162, Tenth Circuit Court of Appeals
ACLU Case Number: 2003-01

Description: On March 5, 2003, Governor Owens signed Senate Bill 03-176, which terminates Medicaid benefits to approximately 3500 indigent legal immigrants. Before the cuts could take effect on April 1, the ACLU and other organizations filed a class action lawsuit alleging that Colorado violates the Equal Protection Clause by terminating benefits to legal immigrants while continuing to provide medical assistance to similarly-situated citizens. The suit further alleges that in their haste to implement the new statute as soon as possible, state officials have failed to follow procedures that are required by the federal Medicaid statute and the Due Process Clause. These procedures are designed to ensure that individuals who remain eligible even under the new restrictions are not mistakenly cut off.

The federal court issued a temporary restraining order blocking the law on April 1, but it lifted the order on April 16. The ACLU filed an immediate appeal, and on April 25, the Tenth Circuit Court of Appeals issued a temporary injunction blocking the cuts once again. The Tenth Circuit then expedited the appeal and heard oral argument on May 7. In a 2-1 decision handed down in January, 2004, the Tenth Circuit rejected the plaintiffs' equal protection arguments while agreeing that certain of the State's termination procedures were defective.

Issues: Rights of Immigrants; equal protection; due process

Published Opinions:

Soskin v. Reinertson, 260 F. Supp. 2d 1055 (D. Colo. 2003) (order granting temporary restraining order)

Soskin v Reinertson, 257 F. Supp. 2d 1320 (D. Colo. 2003) (order denying preliminary injunction)

Soskin v. Reinertson, 353 F.3d 1242 (10th Cir. 2004)

ACLU of Colorado Attorneys: Gregory Piche, Steve Masciocchi, Mark Silverstein

Additional Co-counsel: Attorneys from the ACLU Immigrants Rights Project, the National Immigration Law Center, the Welfare Law Center, and the National Health Law Program

Links to Selected Documents:

News Release, March 27, 2003 ,"ACLU Sues to Stop Colorado's Planned April 1 Cutoff of Medical Assistance to Legal Immigrants"

Complaint, filed March 27, 2003

Brief in Support of Motion for Temporary Restraining Order, filed March 28, 2003

Declaration of Gregory Piche, filed March 28, 2003

Motion for Injunction Pending Appeal, filed April 24, 2003

ACLU Brief, Tenth Circuit Court of Appeals, filed April 30, 2003

Soskin v. Reinertson, 353 F.3d 1242 (10th Cir. 2004)

ACLU Petition for Rehearing and Rehearing En Banc, February 25, 2004

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