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2022-2023 Supreme Court Term Preview
5-4
What Does That Have to Do With the Federal Nursing Home Reform Act?
The federal nursing home reform act actually uses the word rights in the text. Indiana's claim is that well, under the common law rule at the time, as applied to contract law, third party beneficiaries can't sue. The idea being that when the federal government gets a state to agree to some sort of condition in order to receive federal funds, that's kind of like a contract. So principles like notice and things not being too coercive that we find in contract law should apply there.
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