Without Remedies: The Destructive Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs - Harvard Law Review

Without Remedies: The Destructive Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs - Harvard Law Review

It has become increasingly difficult for civil rights plaintiffs to vindicate their rights in federal court. Barriers to successful lawsuits are plentiful. Qualified immunity ensures many officials are insulated from suit; the slow death of Bivens means many plaintiffs have no cause of action with which to litigate violations of their constitutional rights by federal actors; and statutory schemes close the courthouse doors to some plaintiffs. An…