Tuesday audio. Argument assignments here. Here is the FACE Act, which provides for criminal penalties and presumably would be the underlying right enforced through a § 241 prosecution.
Finish the problems for Under Color. Panel # 1 will finish at some point Monday; papers will be due the following Monday.
Panel # 2 should be ready on Monday (sit at the far side of the room or the second large table if we are outside); prep the intro (§ 3.01) and Part B. What is the difference among a right, a right of action, and a jurisdictional grant? What are the four sources for rights of action for federal statutes? How can the Spending Clause be enforced without private civil litigation?
Also, since events overtook the book: The Court held 42 U.S.C. § 1396a(a)(23)(A)--known as the "free choice of provider provision to Medicaid--was not enforceable under § 1983. Be ready to make the arguments for both sides on this.
