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Constitutional Law

May 28, 2026

Judge weighs bid to block Black-only maternal health program

A federal judge questioned whether a Pasadena mother can show irreparable harm in her constitutional challenge to California's Black Infant Health program, which focuses on only Black maternal and infant mortality disparities.

U.S. District Judge Sherilyn Peace Garnett will consider a request to immediately block the race-based eligibility criteria of California's Black Infant Health (BIH) program. The judge is weighing a Pasadena mother's class-action claim that the state's targeted effort to reduce mortality rates unconstitutionally excludes participants solely on the basis of their race.

At a hearing Wednesday on the plaintiff's motion for preliminary injunction, Garnett questioned wh...

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