Anne Schneider’s article “Privately Enforceable Rights Under Spending Clause On Supreme Court Docket” was recently published by the Los Angeles and San Francisco Daily Journal. In the article, Anne examines the anticipated upcoming Supreme Court trial Marion County, et al., v. Talevski, which would set major precedents regarding privately enforceable rights. Talevski was under the care of the Health and Hospital Corporation (“HHC”) of Marion County. When his condition worsened in 2016, the facility prescribed psychotropic medications, leading to a rapid decline in his health. Talevski was then sent to an all-male facility without consent from his family, prompting his daughter to take legal action.
The ruling will examine whether “the spending clause may allow for privately enforceable rights under 42 U.S.C. § 1983 (“Section 1983”); and (2) assuming it does, whether the Federal Nursing Home Amendments Act of 1987 (“FNHRA”) provisions on transfer of residents and medication warrant such private enforcement.”
The Supreme Court will hear oral arguments in Talevski on November 8, 2022 and will be closely followed by Ms. Schneider, who will be writing a follow-up piece for the Daily Journal.
Read the full article here.