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Friday, November 11, 2022

Argument in Talevski

Here is my recap of Tuesday's argument in HHC v. Talevski, considering whether any Spending Clause enactments can be enforced through § 1983 litigation. I remain bad at predictions, but best guess: The Court will not categorically reject § 1983 enforcement, perhaps unanimously. But a majority will hold that FNHRA precludes private enforcement (the SG's position) because of the statute's comprehensive administrative scheme.

Posted by Howard Wasserman on November 11, 2022 at 02:51 PM in Civil Procedure, Howard Wasserman, Judicial Process | Permalink

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