Number: RL31569
Title: Section 1983 and the Spending Power: Enforcement of Federal "Laws"
Authors: George Costello, American Law Division 
Abstract: In Gonzaga University v. Doe, 122 S.Ct. 2268 (2002), the Supreme Court held that a student may not sue a private university for damages under 42 U.S.C. section 1983 to enforce provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). The holding itself would not be especially noteworthy had it been based on a straightforward reading of the statute. The Court, however, announced a broad rule derived from the nature of Congress's spending power, and in doing so confirmed an interpretation that greatly narrows the availability of section 1983 as a means of enforcing private rights to sue state officials, if those rights are derived from a federal spending statute. The Gonzaga decision can therefore be viewed as an important element of the Court's federalism jurisprudence. The case also represents a victory for Chief Justice Rehnquist, who has consistently opposed broad applicability of section 1983, and now apparently has a majority that supports his position. The implications for congressional drafting are clear: if Congress wishes to create rights in private individuals and make those rights enforceable, it should do so explicitly.
Pages: 10
Date: Updated September 12, 2002