Diaz v. Weinberger

MEMORANDUM OPINION

JAMES LAWRENCE KING, District Judge:

This action challenges the constitutionality of the eligibility requirement for aliens who wish to enroll in the supplemental medical insurance plan established as part of the Medicare program. Section 1836(2)(A) (ii) of the Social Security Act of 1935, as amended, 42 U.S. C. § 1395o(2) (A) (ii) (1970), disqualifies all aliens from benefits but those lawfully admitted for permanent residence who have resided in the United States continuously for five years prior to making application for enrollment. 1

The supplemental medical insurance…