N.Y.S. Citizens' Coal. for Children v. Poole
Court of Appeals for the Second Circuit
1Opinion of the Court
Judge Livingston dissents in a separate opinion.
Calabresi, Circuit Judge:
This case asks whether Spending Clause legislation that directs specific payments to identified beneficiaries creates a right enforceable through 42 U.S.C. § 1983. We hold that it does.
Congress enacted the Adoption Assistance and Child Welfare Act of 1980 ("the Act") "to strengthen the program of foster care assistance for needy and dependent children." Pub. L. 96-272,94 Stat. 500 (1980). One of the ways the Act does so is by creating a foster care maintenance payment program. 42 U.S.C. § 671(a)(1). Under this program,…
Also in this document: Dissent.
2Cases cited51 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Ziglar v. AbbasiSupreme Court of the United States · 2017
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
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3Cited by39 opinions
- McKinney v. City of MiddletownCourt of Appeals for the Second Circuit · 2022
- Federal Defenders of New York, Inc. v. Federal Bureau of PrisonsCourt of Appeals for the Second Circuit · 2020
- Connecticut Parents Union v. Russell-TuckerCourt of Appeals for the Second Circuit · 2021
- Moya v. United States Department of Homeland SecurityCourt of Appeals for the Second Circuit · 2020
- Schlosser v. KwakCourt of Appeals for the Second Circuit · 2021
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