The case centers on the question of whether a post-Civil War law giving people the ability to sue over rights violations extends to nursing home residents and beneficiaries of federal safety net programs like Medicaid. Read more:
, grilled the attorney representing Marion County's public health agency Tuesday as she grappled with his controversial request to prohibit lawsuits against public agencies that violate federal nursing home law and welfare programs.of Health & Hospital Corp. of Marion County v. Talevski.
That's when Jackson responded. She said the whole reason Congress created Section 1983 was to provide the right to sue when rights have been violated — period.“That was precisely what Congress was doing,” she said.The law “was a part of the Ku Klux Klan Act where Congress had looked at the situation of states not giving forum, not giving a cause of action to people who were being terrorized,” Jackson continued. “Congress created the right in order to allow people to go to court.
Jackson's retort echoed the larger concerns shared by legal experts who say removing the right to sue in the context of the Talevski suit would be like removing the entitlement part of federal entitlement programs. One legal expert previously told IndyStar Health & Hospital's case in front of the Supreme Court is as monumental for Medicaid as the case of Dobbs v. Jackson Women's Health Organization was for abortion.
The newest justice also questioned Talevski's family's request for financial damages as part of the original lawsuit.
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