Court endorses private Section 1983 enforcement of spending clause enactments
SCOTUSBlog
JUNE 8, 2023
FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds. Justice Ketanji Brown Jackson wrote for a seven-justice majority. HHC argued that spending clause enactments are unique.
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