Health & Hospital Corporation of Marion County, Indiana v. Talevski

In Health & Hospital Corporation of Marion County, Indiana v. Talevski, the United States Supreme Court will decide whether individuals may continue to bring federal lawsuits to enforce legislation passed pursuant to Congress’s Spending Power.

Representing the National Center for Youth Law, the Youth Law Center, the National Center for Law & Economic Justice, et al., Upper Seven Law submitted an amici curiae brief to the Supreme Court in support of Respondent, arguing that rights secured under the laws of the United States should continue to be enforceable under Section 1983. Private enforcement of Spending Clause legislation is essential to safety-net legislation and has particular importance to the children and youth represented by amici, as many are reliant on federal programs to protect and recover from serious harms, including hunger, inadequate healthcare, over-institutionalization, and abuse and neglect.