Judge torn on fate of nuke victims’ care

Paul Alston, an attorney for the Pacific islanders, argued the state’s decision to single out this group for a reduction in medical benefits is unconstitutional because it is based on an alien classification.

Seabright asked Alston whether he was saying that states really have no discretion over whether to provide benefits.

Alston said the state must provide the same benefits across the board to aliens and citizens alike.

After the hearing, Alston blamed the state for its failure to ask for more federal funding, which he said is available, and said he finds it unconscionable to place the burden of the budget shortfall on the backs of the members of this disadvantaged group.

"We also think it’s illegal," said co-counsel Margery Bronster. "We’re not saying, ‘Let’s do this because it’s the nice thing to do. Do this because it’s the right thing to do.’

"If the state has the opportunity to get more money, why would the state put in danger their lives and cut benefits rather than go to Washington and ask for more money?" she asked.