In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause
SCOTUSBlog
NOVEMBER 7, 2022
Virginia Hospital Association (1990), and hold that spending clause enactments are not enforceable through Section 1983. HHC frames this case within the court’s broader rejection of judicially implied rights of action. Stare decisis does not compel continued adherence to Section 1983 precedent, according to HHC.
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