Read NSCLC's analysis of court decisions from 2004.

• Three Supreme Court Cases Upholding Congressional Power
In three opinions this week in different areas, the Supreme Court has upheld federal statutes against claims that the statutes exceeded Congress’s legislative power under the Constitution. ...
• Court Restricts Congress' Power to Legislate on Behalf of Disabled
The Commerce Clause Is Shrinking...
• D.C. Circuit Rejects Scalia, Thomas Views on Enforcement of Spending Clause Legislation
In a footnote in a Medicaid opinion, the D.C. Circuit rejected Justices Scalia’s and Thomas’s view that Spending Clause legislation such as Medicaid may only be enforced by private parties if ther...
• Gonzaga Contagion Quarantined?
NSCLC Victory in Kentucky is One of Three Federal Court Decisions to Allow Enforcement of Medicaid Statute ...
• Court Finds Medicaid Nursing Home Provisions Enforceable Under 1983
Elderly Medicaid recipients represented by the National Senior Citizens’ Law Center and the Office of Kentucky Legal Services Programs, Inc. have won an early victory in the district court’s order...
• Not All Waivers of Sovereign Immunity Construed Narrowly
The Second and Ninth Circuits, in different contexts, have held that when a state voluntarily invokes the jurisdiction of a federal court, thereby waiving sovereign immunity, the scope of those waiver...
• Court Upholds FMLA Self-Care Provision Against Sovereign Immunity Defense
A magistrate judge in the Eastern District of Wisconsin has upheld the “self-care” provision of the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2615(a) against a claim that it violates...
• Some Courts Wary of Expanding Defense of Sovereign Immunity
In a series of recent decisions in different contexts, some courts have shown themselves to be wary of expanding states’ sovereign immunity defenses beyond those set out in current law. ...