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The Uncertain Future of the Indian Child Welfare Act

Strict Scrutiny

CHAPTER

Is Section 1983 a Cause of Action?

Justice Sotomayor pointed out that conditions in spending law statutes are still right secured by law. Justice Jackson had just another banger of a question invoking the history of Section 1983, which as Mohsen noted is a reconstruction era law. "I don't understand how you can interpret an express grant of authority to go to court to enforce rights created by law," he said.

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