although the authority with the committee report does directly -- >> address the question judge sloviter asked you, which is where and the winds of priority a pregnant woman who is not an american citizen ranks. does it, or doesn't it? what the federal statute addresses this in this way, it permits the state to -- >> the state may permit within the level

. >> justice sloviter, if we go back to what congress has done in these various areas, we see that in matthews, they spoke with crystalline clarity. the court embraced deferential listen. some justices would not disagree on this because it is so except in the canon of constitutional law that aliens deserve protection. they are lawfully here, and these particular individuals are refugees. she has satisfied arizona's requirement. hearst special case cries out for participation on an equal basis -- >> you would say we need to find a d.c. statute as unconstitutional? because that would follow from that proposition, would it not? >> not all. my suggestion is that any legislation acts perilously when it draws a line that sends individuals outside the city gates on grounds of alienage because of a component of the due process clause. it is an american constitutional law that aliens in particular are a note the hon. -- a vulnerable class who need the succor of the law. >> can we take into account that this is an unusually deadly outbreak threatening the entire population of the united states?