The United States Supreme Court has declined a request to review the case Velazquez/Dobbins v. Legal Services Corporation which challenged the constitutionality of a federal rule that restricts access to lawyers for low-income people. Under the rule, the only way for a legal aid office to use non-federal dollars on certain work, such as representing clients in class action lawsuits or providing assistance to certain categories of legal immigrants, would be to establish a physically separate facility, with separate staff. The Brennan Center represents the plaintiffs and issued a press release which states; "Complying with this 'physical separation requirement' is so expensive that virtually none of the 138 LSC grantees around the country — which are already so under-funded that they can only represent a small fraction of eligible clients — have been able to comply. For example, plaintiff South Brooklyn Legal Services would have to turn away 500 more people each year if it set up a separate office." A federal district court in Brooklyn issued a preliminary injunction against the physical separation requirement in December 2004. After an appeal by the government defendants, the U.S. Court of Appeals for the Second Circuit held in December 2006 that the district court had used the wrong legal standard, and lifted the preliminary injunction. It is that decision that the Supreme Court today declined to review. The case now returns to the District Court for the court to apply the new legal standard described by the Court of Appeals. For background from OMB Watch, click here.