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KORAB v. FINK

No. 11-15132.

748 F.3d 875 (2014)

Tony KORAB; Tojio Clanton; Keben Enoch, each individually and on behalf of those persons similarly situated, Plaintiff-Appellees, v. Kenneth FINK, in his official capacity as State of Hawai`i, Department of Human Services, Med-QUEST Division Administrator and Patricia McManaman, in her official capacity as Director of the State of Hawai`i, Department of Human Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2014.

Attorney(s) appearing for the Case

Lee Ann N.M. Brewer (argued) and John F. Molay , Deputy Attorneys General, Honolulu, Hawai`i for Defendant-Appellant.

Paul D. Alston (argued), Zachary A. McNish , and J. Blaine Rogers , Alston, Hunt, Floyd, & Ing, Honolulu, Hawai`i; Catherine Leilani Aubuchon and Margery S. Bronster , Bronster Hoshibata, Honolulu, Hawai`i; M. Victor Geminiani , Lawyers for Equal Justice, Honolulu, Hawai`i, for Plaintiffs-Appellees.

Susan K. Serrano , Honolulu, Hawai`i for Amici Curiae Japanese American Citizens League-Honolulu Chapter, National Association for the Advancement of Colored People-Honolulu Branch, and Kokua Kalihi Valley Comprehensive Family Services.

Opinion by Judge McKeown; Concurrence by Judge Bybee; Dissent by Judge Clifton.

OPINION

McKEOWN, Circuit Judge:

This case presents yet another challenge to the complex area of state-funded benefits for aliens. In enacting comprehensive welfare reform in 1996, Congress rendered various groups of aliens ineligible for federal benefits and also restricted states' ability to use their own funds to provide benefits to certain aliens. See 8 U.S.C. § 1601 et seq. As a condition of receiving federal funds, Congress required states...

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