Attorney(s) appearing for the Case
Christina M. Tchen, Special Assistant Attorney General of Illinois, argued the cause for petitioners. With her on the briefs were Susan Getzendanner, Charles F. Smith, and Kimberley K. Baer, Special Assistant Attorneys General.
Deputy Solicitor General Roberts argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Gerson, Michael R. Dreeben, and Anthony J. Steinmeyer.
Michael G. Dsida argued the cause for respondents. With him on the brief were Patrick T. Murphy and Lee Ann Lowder.*
Rehnquist, C. J., delivered the opinion of the Court, in which White, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Stevens, J., joined, p. 364.
United States Supreme Court.
Chief Justice Rehnquist delivered the opinion of the Court.
This case raises the question whether private individuals have the right to enforce by suit a provision of the Adoption Assistance and Child Welfare Act of 1980 (Adoption Act or Act), 94 Stat. 500, 42 U. S. C. §§ 620-628, 670-679a, either under the Act itself or through an action under 42 U. S. C. § 1983.1 The Court of...
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