Even though the Constitution says no such thing, the Roberts Court declares that Spending Clause legislation can only be enforced against violators who consent to be held liable, in the same way a contract is only valid of both parties consent. Under the court’s new holding, if, as in this case, prison guards violate RLUIPA, Congress’ only enforcement mechanism is to withdraw the prison’s funding. It’s a cramped vision of Congressional authority that could ultimately allow states and individuals to overrule Congress’ ability to govern.
The Democratic appointees found the notion ridiculous. The Spending Clause gives Congress the “power to legislate, not merely to negotiate,” read Jackson’s dissent, joined by Justices Elena Kagan and Sonia Sotomayor. “The Court reduces some of Congress’s greatest legislative achievements—federal laws that secure civil rights, environmental stability, healthcare, and more—to nothing more than the wheelings-and-dealings of an especially wealthy private party.”…
https://www.motherjones.com/politics/2026/06/supreme-court-congress-landor-spending-clause/

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