Our focus in today's class will be on conditional spending. Please begin by reviewing either Daniel Klaff & Adam Lawton, Conditional Spending and Other Forms of Federal Cost Sharing (Updated March 2008) (Briefing Paper No. 18) or Allison Quick, Legal Limits on Conditional Spending Including Recent Challenges to No Child Left Behind (May 2, 2006) (Briefing Paper No. 19). We will then discuss South Dakota v. Dole, 483 U.S. 203 (1987), which the Quick paper discusses, and then the Supreme Court's more recent decision in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012). In the Sebelius decision, please your attention on the portions of the opinion dealing with conditional spending (as opposed to the sections involving the Commerce Clause or taxing powers or the Anti-Injunctions Act). Note: If you click on the “Show/Hide” button, and select “Hide All Unlayered,” the H20 program should display only the sections of the decision relevant to our discussions.
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