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California Lawsuit Challenges Race-Based Eligibility in Infant Health Program

A lawsuit filed against California alleges that the state’s Black Infant Health Program violates the 14th Amendment by excluding non-Black women.

Published August 22, 2026 at 1:00 PM EDT

The short answer

A lawsuit filed against California alleges that the state’s Black Infant Health Program violates the 14th Amendment by excluding non-Black women. A California mother has filed a lawsuit against the state, alleging that a public health program for pregnant women and infants violates the U.S. Constitution by using race-based eligibility criteria.

California Lawsuit Challenges Race-Based Eligibility in Infant Health Program

The Facts

Who
Erica Jimenez, the State of California, and the Pacific Legal Foundation.
What
A lawsuit challenging the race-based eligibility of California's Black Infant Health Program.
When
August 22, 2026
Where
California
Why
To challenge whether race-based eligibility for state health programs violates the Equal Protection Clause of the 14th Amendment.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. January 1, 1989

    California implements Black Infant Health Program

  2. August 22, 2026

    Erica Jimenez files lawsuit challenging program eligibility

A California mother has filed a lawsuit against the state, alleging that a public health program for pregnant women and infants violates the U.S. Constitution by using race-based eligibility criteria. Erica Jimenez, represented by the Pacific Legal Foundation, claims she was denied access to the Black Infant Health Program because she is not Black, despite meeting other requirements such as age and residency.

The Black Infant Health Program was established by California in 1989 to address health disparities and improve outcomes for African American women and their children. The program provides services specifically to pregnant and postpartum Black women. According to data cited in the lawsuit from the Centers for Disease Control and Prevention (CDC) and L.A. Care, mortality rates for Black infants remain higher than those for white infants after more than 30 years of the program's operation.

Jimenez’s legal challenge argues that the program violates the Equal Protection Clause of the 14th Amendment. The lawsuit contends that the government cannot treat individuals differently based on race without a compelling interest and that the program’s race-based criteria do not meet the legal standard of being narrowly tailored. The Pacific Legal Foundation stated that Jimenez seeks to open the program to all mothers who meet the health and location criteria, regardless of their race.

A person currently excluded from the program, like Jimenez, would notice a change in their access to state-funded prenatal and postpartum support services. Instead of being referred to alternative resources due to their race, they would be able to enroll in the specific program and receive its direct health services. The knock-on effects could be significant for other state-level public health initiatives that target specific racial or ethnic groups, as a ruling against the program would set a precedent requiring individual treatment rather than group-based classifications.

The timeline for a resolution is not yet known, as the case is currently in the litigation phase. The lawsuit follows the legal precedent set by the U.S. Supreme Court in cases such as Students for Fair Admissions v. Harvard, which restricted race-conscious admissions in higher education. The court will need to determine if California’s interest in reducing health disparities justifies the use of racial classifications in medical care delivery. A specific court date for hearings or a final ruling has not been reported.

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. See our editorial standards, or report a correction.

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Questions readers ask

What happened: California Lawsuit Challenges Race-Based Eligibility in Infant Health Program?

A lawsuit challenging the race-based eligibility of California's Black Infant Health Program.

Who is involved?

Erica Jimenez, the State of California, and the Pacific Legal Foundation.

When did this happen?

August 22, 2026

Where did this happen?

California

Why does this matter?

To challenge whether race-based eligibility for state health programs violates the Equal Protection Clause of the 14th Amendment.