Do you remember prop 187? In 1994 a ballot initiative was put to the California electorate to prohibit illegal immigrants from using social services, health care, government schools, etc. It passed the 59%/41%, BUT was later deemed to be UNCONSTITUTIONAL by the 9th Circuit Court of Appeals. And, should the new health care bill include a public option, illegals would not be prohibited from using it, here’s why… the equal protection clause and case precedent.

According to Fox New’s Andrew Napolitano, who suggested that illegals will be covered because of the Constitution’s “equal protection” clause. “The last time the Supreme Court looked at this,” Napolitano said, “is when Texas tried to prevent municipalities from educating the children of illegals. The Supreme Court said the government can’t do that because the Constitution doesn’t distinguish between ‘legal’ and ‘illegal’ when it comes to education or health care. The court will invalidate any provision that tries to punish people.” Constitutional attorney Shannon Goessling agreed with Napolitano’s, and said, “Here you have the President of the United States, a graduate of Harvard Law School, suggesting that he doesn’t know the consequences of the public option. President Obama is playing politics and the public should be forewarned.” Obama… playing politics? Imagine that…

For what it’s worth Constitution didn’t distinguish between “slave and free” until 1865.

Fox News – Bill O’Reilly