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Concurrence

Health and Hospital Corporation of Marion Cty. v. Talevski

  • Gorsuch, J., concurring
  • 599 U.S. 166
  • U.S. Supreme Court
  • No. 21-806
  • June 8, 2023
  • 182 words

JUSTICE GORSUCH, concurring.

Section 1983 permits individuals to sue to vindicate their “rights . . . secured by . . . la[w].” Rev. Stat. §1979, 42 U. S. C. §1983. I agree with the Court’s disposition of the two questions we took this case to decide and in arriving there largely track JUSTICE BARRETT’s reasoning. First, the Federal Nursing Home Reform Act qualifies as a “law” for purposes of §1983. Post, at 1 (BARRETT, J., concurring). Second, the text of the Act’s operative provisions refers to individual “rights.” Post, at 2–4 (same). But, to my mind, there are other issues lurking here that petitioners failed to develop fully—whether legal rights provided for in spending power legislation like the Act are “secured” as against States in particular and whether they may be so secured consistent with the Constitution’s anti-commandeering principle. See, e.g., National Federation of Independent Business v. Sebelius , 567 U. S. 519, 575–578 (2012); Murphy v. National Collegiate Athletic Assn. , 584 U. S. ___, ___–___ (2018) (slip op., at 14–18). As I see it, those are questions for another day.

Full text, 182 words. Public domain: Edicts of government, 17 U.S.C. 105 and the government edicts doctrine. The segmenter proposed where this opinion starts and ends, and I haven't confirmed it by hand yet.