Page:Health and Hospital Corp. of Marion Co. v. Talevski.pdf/32

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HEALTH AND HOSPITAL CORPORATION OF MARION CTY. v. TALEVSKI

Barrett, J., concurring

they may suffice to demonstrate congressional intent to preclude the remedy of suits under §1983”); Smith, 468 U. S., at 1011–1012 (§1983 suits unavailable “[i]n light of the comprehensive nature of the procedures and guarantees set out” in the statute). None of these features is necessarily determinative, but each is part of the larger picture that courts must assess.

Courts must tread carefully before concluding that Spending Clause statutes may be enforced through §1983. In this case, however, the Seventh Circuit correctly allowed Talevski’s §1983 suit to proceed. I therefore join the Court’s opinion in full.