Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 18, 1983.
Decided May 31, 1983.
Attorney(s) appearing for the Case
Deputy Solicitor General Geller argued the cause for petitioner. With him on the briefs were Solicitor General Lee, Assistant Attorney General McGrath, Harriet S. Shapiro, William Kanter, and Susan M. Chalker.
Margaret Hunting, Deputy Attorney General, argued the cause for respondent Commonwealth of Pennsylvania. With her on the brief were LeRoy S. Zimmerman, Attorney General, and Emogene L. Trexel. Michael R. Cole, Assistant Attorney General, argued the cause for respondent State of New Jersey. With him on the brief were Irwin I. Kimmelman, Attorney General, Mary Ann Burgess, Assistant Attorney General, and Jaynee La Vecchia and Regina Murray Mahoney, Deputy Attorneys General.*
Briefs of amici curiae urging affirmance were filed for the State of Maryland et al. by Stephen H. Sachs, Attorney General of Maryland, Paul F. Strain, Deputy Attorney General, Diana G. Motz and Ellen M. Heller, Assistant Attorneys General, and E. Stephen Derby; William A. Allain, Attorney General of Mississippi; Gerald L. Baliles, Attorney General of Virginia; Paul G. Bardacke, Attorney General of New Mexico; Francis X. Bellotti, Attorney General of Massachusetts; Steven L. Beshear, Attorney General of Kentucky; Chauncey H. Browning, Attorney General of West Virginia; Paul L. Douglas, Attorney General of Nebraska; John J. Easton, Jr., Attorney General of Vermont; Rufus L. Edmisten, Attorney General of North Carolina; Dave Frohnmayer, Attorney General of Oregon; Thomas M. Griffin; Neil F. Hartigan, Attorney General of Illinois; Tany S. Hong, Attorney General of Hawaii; James Mattox, Attorney General of Texas; Brian McKay, Attorney General of Nevada; Thomas J. Miller, Attorney General of Iowa; Charles M. Oberly III, Attorney General of Delaware; Linley E. Pearson, Attorney General of Indiana; Sheldon Elliott Steinbach; James E. Tierney, Attorney General of Maine; Michael C. Turpen, Attorney General of Oklahoma; and Robert O. Wefald, Attorney General of North Dakota; for the National Association of Counties et al. by Robert N. Sayler; and for the College of the Sequoias et al.
Supreme Court of United States.
JUSTICE O'CONNOR delivered the opinion of the Court.
In this case we consider both the rights of the Federal Government when a State misuses funds advanced as part of a federal grant-in-aid program under Title I of the Elementary and Secondary Education Act and the manner in which the Government may assert those rights. We hold that the Federal Government may recover misused funds, that the Department of Education may determine administratively the amount of the debt...
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