INDIANAPOLIS – Attorney General Todd Rokita today issued the following statement in reference to the U.S. Supreme Court case Marion County Health and Hospital v. Talevski.
“Alongside the Marion County Health and Hospital Corporation, our team is preparing to argue important principles of law before the U.S. Supreme Court next month in the case Marion County Health and Hospital v. Talevski. At issue is whether someone who is not a party to a contract with the federal government may sue to enforce the terms of that contract. Specifically, this case pertains to grants issued by a federal agency to a state or local government. Such lawsuits by non-parties impose significant burdens on state and local governments — and thereby upon individual taxpayers. In the last three years, Indiana alone has litigated over 1,200 civil rights cases. Some commentators have construed this case as being principally about the rights of the elderly and their families to use the legal system to advocate for their proper care. And we all want nothing but the best care for our seniors. But this case principally concerns the need to hold grant relationships accountable to voters — and the need to respect the authority of Congress. That means that individual beneficiaries who are not parties to the contracts should not be able to sue to enforce grant conditions unless Congress expressly authorizes them to do so. When individual beneficiaries bring unauthorized lawsuits to enforce federal grant conditions, they invite unelected federal judges to interfere with how state and federal officials carry out the jobs the public expects them to perform. The proper functioning of democracy requires that such judicial interference not occur unless Congress has expressly authorized it. The chaotic state of implied-rights doctrine only exacerbates the litigation burden — and therefore the taxpayer burden — imposed by these kinds of cases. So, the issue of whether federal grant conditions confer enforceable civil rights is a nationally important issue warranting the Court’s consideration. Our office is proud to fight for the fiscal integrity of the state when administering federal programs. We look forward to combining forces with the Marion County Health and Hospital Corporation to argue this case in the U.S. Supreme Court next month.”
To view the brief filed earlier this year, click here.
