Credit: Tadamichi / Adobe Stock Emotionally Spent: High Court Curtails Emotional Distress Damages Under Spending Clause Legislation
It is clear that the conservative majority will continue to construe the available remedies narrowly and strictly in private suits commenced to enforce provisions under Spending Clause legislation.
June 09, 2022 at 10:00 AM
9 minute read
The recent U.S. Supreme Court decision of Cummings v. Premier Rehab Keller, 142 S.Ct. 1562 (2022), resolved a split among the circuits, on the issue of whether emotional distress damages are available in a private action to enforce federal Spending Clause antidiscrimination statutes. The court, divided 6-3 along conservative/liberal lines, held that such damages are not recoverable under such legislation, particularly the Rehabilitation Act of 1973, which authorizes federal grants to states for vocational rehabilitation services, or under the Patient Protection and Affordable Care Act (ACA), which authorizes the distribution of federal monies to health-care entities.
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