The Uncertain Future of the Indian Child Welfare Act
Strict Scrutiny
Can a State Sue When It Violates a Condition of a Medicaid Program?
The question in this case is whether under all these spending programs, the beneficiaries of those programs can file federal suits when their rights are violated. The other possible remedy here is that the federal government just takes away all of the money if the state isn't abiding by the conditions that were prescribed for receiving the money in the first place. And in practice, that rarely happens because if it did, the federal government wouldn't just be hurting the state that's violating the conditions of the program.
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