For a law professor, being cited by the U.S. Supreme Court is the pinnacle of success. Professor Emeritus Erik Jensen's Northwestern University Law Review article on the 16th Amendment was cited by Justice Clarence Thomas in his dissent in Health & Hospital Corp of Marion County v. Talevski (2023). The case was about whether individuals could sue for violations of spending legislation (the FNHRA), in which the federal government offers money to the states with certain conditions. Citing Professor Jensen's article, Justice Thomas wrote a 35-page dissent that argued that individuals can sue only to redress "the deprivation of any rights, privileges, or immunities secured by the Constitution and laws" and that legislation enacted pursuant to Congress' spending power, like FNHRA, does not "secure" rights by "law."
Article Date
July 11, 2023
