Spending Clause legislation can create individually enforceable rights under 42 U.S.C. § 1983, and federal nursing home residents' rights are so enforceable.
constitutional
Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.
HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.
HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.
Get a detailed analysis of Health and Hospital Corp of Marion County v Talevski and how it applies to your situation.
Explain Health and Hospital Corp of Ma...