[T]he project of stymying one of the country’s great civil rights laws continues.… South Carolina asks us to hollow out [Section 1983] so that the State can evade liability for violating the rights of its Medicaid recipients to choose their own doctors. The Court abides South Carolina’s request. I would not.
Justice Jackson criticizes the court's decision to weaken civil rights protections.
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This ruling violates well-established precedents concerning this Court’s equitable discretion and needlessly injects chaos and uncertainty into the upcoming midterm elections.
The consequences of allowing such transformative changes to take effect so close to this fall’s elections would be extreme.
To be sure, the Court has not foreclosed States from challenging this blatantly unconstitutional Order.
When I get invitations to do things, I always have them screened by the legal office, the public information office, just to make sure that there are no ethical conflicts, that this is not a fundraiser, you know.