ARMSTRONG v. EXCEPTIONAL CHILD CENTER, INC., 575 U.S. ___ (2015)


Issues: ,

Opinion

Contents

Opinion of the Court

?575 U.?S. ____ (2015)

NOTICE:?This opinion is subject to formal revision before publication in the preliminary print of the United States Reports.?Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.?C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

No. 14-15

RICHARD ARMSTRONG, ET?AL., PETITIONERS v. EXCEPTIONAL CHILD CENTER, INC., ET?AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

[March 31, 2015]


JUSTICE SCALIA delivered the opinion of the Court, except as to Part IV.

We consider whether Medicaid providers can sue to enforce ?(30)(A) of the Medicaid Act. 81 Stat. 911 (codified as amended at 42 U.?S.?C. ?1396a(a)(30)(A)).

I

?????Medicaid is a federal program that subsidizes the States’ provision of medical services to “families with dependent children and of aged, blind, or disabled individuals, whose income and resources are insufficient to meet the costs of necessary medical services.” ?1396-1. Like other Spending Clause legislation, Medicaid offers the States a bargain: Congress provides federal funds in exchange for the States’ agreement to spend them in accordance with congressionally imposed conditions.

In order to qualify for Medicaid funding, the State of Idaho adopted, and the Federal Government approved, a Medicaid “plan,” ?1396a(a), which Idaho administers through its Department of Health and Welfare. Idaho’s plan includes “habilitation services”–in-home care for individuals who, “but for the provision of such services .?.?. would require the level of care provided in a hospital or a nursing facility or intermediate care facility for the mentally retarded the cost of which could be reimbursed under the State plan,” ?1396n(c) and (c)(1). Providers of these services are reimbursed by the Department of Health and Welfare.

Section 30(A) of the Medicaid Act requires Idaho’s plan to:

“provide such methods and procedures relating to the utilization of, and the payment for, care and services available under the plan .?.?. as may be necessary to safeguard against unnecessary utilization of such care and services and to assure that payments are consistent with efficiency, economy, and quality of care and are sufficient to enlist enough providers so that care and services are available under the plan at least to the extent that such care and services are available to the general population in the geographic area .?.?.?.” 42 U.?S.?C. ?1396a(a)(30)(A).

Respondents are providers of habilitation services to persons covered by Idaho’s Medicaid plan. They sued petitioners–two officials in Idaho’s Department of Health and Welfare–in the United States District Court for the District of Idaho, claiming that Idaho violates ?30(A) by reimbursing providers of habilitation services at rates lower than ?30(A) permits. They asked the court to enjoin petitioners to increase these rates.

The District Court entered summary judgment for the providers, holding that Idaho had not set rates in a manner consistent with ?30(A). Inclusion, Inc. v. Armstrong, 835 F.?Supp. 2d 960 (2011). The Ninth Circuit affirmed. 567 Fed. Appx. 496 (2014). It said that the providers had “an implied right of action under the Supremacy Clause to seek injunctive relief against the enforcement or implementation of state legislation.” Id., at 497 (citing Independent Living Center of Southern Cal. v. Shewry, 543 F.?3d 1050, 1065 (CA9 2008)). We granted certiorari. 573 U.?S. ___ (2014).

II

?????The Supremacy Clause, Art.?VI, cl.?2, reads:

?????”This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

It is apparent that this Clause creates a rule of decision: Courts “shall” regard the “Constitution,” and all laws “made in Pursuance thereof,” as “the supreme Law of the Land.” They must not give effect to state laws that conflict with federal laws. Gibbons v. Ogden, 9 Wheat. 1, 210 (1824). It is equally apparent that the Supremacy Clause is not the “?’source of any federal rights,’?” Golden State Transit Corp. v. Los Angeles, 493 U.?S. 103, 107 (1989) (quoting Chapman v. Houston Welfare Rights Organization, 441 U.?S. 600, 613 (1979)), and certainly does not create a cause of action. It instructs courts what to do when state and federal law clash, but is silent regarding who may enforce federal laws in court, and in what circumstances they may do so.

Hamilton wrote that the Supremacy Clause “only declares a truth, which flows immediately and necessarily from the institution of a Federal Government.” The Federalist No. 33, p. 207 (J. Cooke ed. 1961). And Story described the Clause as “a positive affirmance of that, which is necessarily implied.” 3 Commentaries on the Constitution of the United States ?1831, p. 693 (1833). These descriptions would have been grossly inapt if the Clause were understood to give affected parties a constitutional (and hence congressionally unalterable) right to enforce federal laws against the States. And had it been understood to provide such significant private rights against the States, one would expect to find that mentioned in the preratification historical record, which contained ample discussion of the Supremacy Clause by both supporters and opponents of ratification. See C. Drahozal, The Supremacy Clause: A Reference Guide to the United States Constitution 25 (2004); The Federalist No. 44, at 306 (J. Madison). We are aware of no such mention, and respondents have not provided any. Its conspicuous absence militates strongly against their position.

Additionally, it is important to read the Supremacy Clause in the context of the Constitution as a whole. Article I vests Congress with broad discretion over the manner of implementing its enumerated powers, giving it authority to “make all Laws which shall be necessary and proper for carrying [them] into Execution.” Art.?I, ?8. We have said that this confers upon the Legislature “that discretion, with respect to the means by which the powers [the Constitution] confers are to be carried into execution, which will enable that body to perform the high duties assigned to it,” McCulloch v. Maryland, 4 Wheat. 316, 421 (1819). It is unlikely that the Constitution gave Congress such broad discretion with regard to the enactment of laws, while simultaneously limiting Congress’s power over the manner of their implementation, making it impossible to leave the enforcement of federal law to federal actors. If the Supremacy Clause includes a private right of action, then the Constitution requires Congress to permit the enforcement of its laws by private actors, significantly curtailing its ability to guide the implementation of fed-eral law. It would be strange indeed to give a clause that makes federal law supreme a reading that limits Congress’s power to enforce that law, by imposing mandatory private enforcement–a limitation unheard-of with regard to state legislatures.

To say that the Supremacy Clause does not confer a right of action is not to diminish the significant role that courts play in assuring the supremacy of federal law. For once a case or controversy properly comes before a court, judges are bound by federal law. Thus, a court may not convict a criminal defendant of violating a state law that federal law prohibits. See, e.g., Pennsylvania v. Nelson, 350 U.?S. 497, 499, 509 (1956). Similarly, a court may not hold a civil defendant liable under state law for conduct federal law requires. See, e.g., Mutual Pharmaceutical Co. v. Bartlett, 570 U.?S. ___, ___-___ (2013) (slip op., at 13-14). And, as we have long recognized, if an individual claims federal law immunizes him from state regulation, the court may issue an injunction upon finding the state regulatory actions preempted. Ex parte Young, 209 U.?S. 123, 155-156 (1908).

Respondents contend that our preemption jurisprudence–specifically, the fact that we have regularly considered whether to enjoin the enforcement of state laws that are alleged to violate federal law–demonstrates that the Supremacy Clause creates a cause of action for its violation. They are incorrect. It is true enough that we have long held that federal courts may in some circumstances grant injunctive relief against state officers who are violating, or planning to violate, federal law. See, e.g., Osborn v. Bank of United States, 9 Wheat. 738, 838-839, 844 (1824); Ex?parte Young, supra, at 150-151 (citing Davis v. Gray, 16 Wall. 203, 220 (1873)). But that has been true not only with respect to violations of federal law by state officials, but also with respect to violations of federal law by federal officials. See American School of Magnetic Healing v. McAnnulty, 187 U. S. 94, 110 (1902); see generally L. Jaffe, Judicial Control of Administrative Action 152-196 (1965). Thus, the Supremacy Clause need not be (and in light of our textual analysis above, cannot be) the explanation. What our cases demonstrate is that, “in a proper case, relief may be given in a court of equity .?.?. to prevent an injurious act by a public officer.” Carroll v. Safford, 3 How. 441, 463 (1845).

The ability to sue to enjoin unconstitutional actions by state and federal officers is the creation of courts of equity, and reflects a long history of judicial review of illegal executive action, tracing back to England. See Jaffe & Henderson, Judicial Review and the Rule of Law: Historical Origins, 72 L.?Q. Rev. 345 (1956). It is a judge-made remedy, and we have never held or even suggested that, in its application to state officers, it rests upon an implied right of action contained in the Supremacy Clause. That is because, as even the dissent implicitly acknowledges, post, at 4 (opinion of SOTOMAYOR,?J.) it does not. The Ninth Circuit erred in holding otherwise.

III

A

?????We turn next to respondents’ contention that, quite apart from any cause of action conferred by the Supremacy Clause, this suit can proceed against Idaho in equity.

The power of federal courts of equity to enjoin unlawful executive action is subject to express and implied statutory limitations. See, e.g., Seminole Tribe of Fla. v. Flor-ida, 517 U.?S. 44, 74 (1996). “?’Courts of equity can no more disregard statutory and constitutional requirements and provisions than can courts of law.’?” INS v. Pangilinan, 486 U.?S. 875, 883 (1988) (quoting Hedges v. Dixon County, 150 U.?S. 182, 192 (1893); brackets omitted). In our view the Medicaid Act implicitly precludes private enforcement of ?30(A), and respondents cannot, by invoking our equitable powers, circumvent Congress’s exclusion of private enforcement. See Douglas v.Independent Living Center of Southern Cal., Inc., 565 U.?S. ___, ___-___ (2012) (ROBERTS, C.?J., dissenting) (slip op., at 4-5).

Two aspects of ?30(A) establish Congress’s “intent to foreclose” equitable relief. Verizon Md. Inc. v. Public Serv. Comm’n of Md., 535 U.?S. 635, 647 (2002). First, the sole remedy Congress provided for a State’s failure to comply with Medicaid’s requirements–for the State’s “breach” of the Spending Clause contract–is the withholding of Medicaid funds by the Secretary of Health and Human Services. 42 U.?S.?C. ?1396c. As we have elsewhere explained, the “express provision of one method of enforcing a substantive rule suggests that Congress intended to preclude others.” Alexander v. Sandoval, 532 U.?S. 275, 290 (2001).

The provision for the Secretary’s enforcement by withholding funds might not, by itself, preclude the availability of equitable relief. See Virginia Office for Protection and Advocacy v. Stewart, 563 U.?S. 247, ___-___, n. 3 (2011) (slip op., at 7-8, n.?3). But it does so when combined with the judicially unadministrable nature of ?30(A)’s text. It is difficult to imagine a requirement broader and less specific than ?30(A)’s mandate that state plans provide for payments that are “consistent with efficiency, economy, and quality of care,” all the while “safeguard[ing] against unnecessary utilization of .?.?. care and services.” Explicitly conferring enforcement of this judgment-laden standard upon the Secretary alone establishes, we think, that Congress “wanted to make the agency remedy that it provided exclusive,” thereby achieving “the expertise, uniformity, widespread consultation, and resulting administrative guidance that can accompany agency decisionmaking,” and avoiding “the comparative risk of inconsistent interpretations and misincentives that can arise out of an occasional inappropriate application of the statute in a private action.” Gonzaga Univ. v. Doe, 536 U.?S. 273, 292 (2002) (BREYER, J., concurring in judgment). The sheer complexity associated with enforcing ?30(A), coupled with the express provision of an administrative remedy, ?1396c, shows that the Medicaid Act precludes private enforcement of ?30(A) in the courts.

B

?????The dissent agrees with us that the Supremacy Clause does not provide an implied right of action, and that Congress may displace the equitable relief that is traditionally available to enforce federal law. It disagrees only with our conclusion that such displacement has occurred here.

The dissent insists that, “because Congress is undoubtedly aware of the federal courts’ long-established practice of enjoining preempted state action, it should generally be presumed to contemplate such enforcement unless it affirmatively manifests a contrary intent.” Post, at 4 (emphasis added). But a “long-established practice” does not justify a rule that denies statutory text its fairest reading. Section 30(A), fairly read in the context of the Medicaid Act, “display[s] a[n] intent to foreclose” the availability of equitable relief. Verizon, supra, at 647. We have no warrant to revise Congress’s scheme simply because it did not “affirmatively” preclude the availability of a judge-made action at equity. See Seminole Tribe, supra, at 75 (inferring, in the absence of an “affirmative” statement by Congress, that equitable relief was unavailable).

Equally unavailing is the dissent’s reliance on ?30(A)’s history. Section 30(A) was amended, on December 19, 1989, to include what the dissent calls the “equal access mandate,” post, at 9–the requirement that reimbursement rates be “sufficient to enlist enough providers so that care and services are available under the plan at least to the extent that such care and services are available to the general population in the geographic area.” ?6402(a), 103 Stat. 2260. There existed at the time another provision, known as the “Boren Amendment,” that likewise imposed broad requirements on state Medicaid plans. 42 U.?S.?C. ?1396a(a)(13)(A) (1982 ed., Supp. V). Lower courts had interpreted the Boren Amendment to be privately enforceable under ?1983. From this, the dissent infers that, when Congress amended ?30(A), it could not “have failed to anticipate” that ?30(A)’s broad language–or at least that of the equal access mandate–would be interpreted as enforceable in a private action. Thus, concludes the dissent, Congress’s failure to expressly preclude the private enforcement of ?30(A) suggests it intended not to preclude private enforcement. Post, at 10.

This argument appears to rely on the prior-construction canon; the rule that, when “judicial interpretations have settled the meaning of an existing statutory provision, repetition of the same language in a new statute” is presumed to incorporate that interpretation. Bragdon v. Abbott, 524 U.?S. 624, 645 (1998). But that canon has no application here. The language of the two provisions is nowhere near identical; and even if it had been, the question whether the Boren Amendment permitted private actions was far from “settled.” When Congress amended ?30(A) in 1989, this Court had already granted certiorari to decide, but had not yet decided, whether the Boren Amendment could be enforced through a ?1983 suit. See Baliles v. Virginia Hospital Assn., 493 U.?S. 808 (Oct. 2, 1989) (granting certiorari). Our decision permitting a ?1983 action did not issue until June 14, 1990–almost six months after the amendment to ?30(A). Wilder v. Virginia Hospital Assn., 496 U.?S. 498.[^*] ?The existence of a granted petition for certiorari demonstrates quite clearly that the question whether the Boren Amendment could be pri-vately enforced was unsettled at the time of ?30(A)’s 1989 amendment–so that if Congress was aware of the parallel (which is highly doubtful) the course that awareness would have prompted (if any) would not have been legislative silence but rather express specification of the availability of private enforcement (if that was what Congress intended).

Finally, the dissent speaks as though we leave these plaintiffs with no resort. That is not the case. Their relief must be sought initially through the Secretary rather than through the courts. The dissent’s complaint that the sanction available to the Secretary (the cut-off of funding) is too massive to be a realistic source of relief seems to us mistaken. We doubt that the Secretary’s notice to a State that its compensation scheme is inadequate will be ignored.

IV

?????The last possible source of a cause of action for respondents is the Medicaid Act itself. They do not claim that, and rightly so. Section 30(A) lacks the sort of rights-creating language needed to imply a private right of action. Sandoval, supra at 286-287. It is phrased as a directive to the federal agency charged with approving state Medicaid plans, not as a conferral of the right to sue upon the beneficiaries of the State’s decision to participate in Medicaid. The Act says that the “Secretary shall approve any plan which fulfills the conditions specified in subsection (a),” the subsection that includes ?30(A). 42 U.?S.?C. ?1396a(b). We have held that such language “reveals no congressional intent to create a private right of action.” Sandoval, supra at 289; see also Universities Research Assn., Inc. v. Coutu, 450 U.?S. 754, 772 (1981). And again, the explicitly conferred means of enforcing compliance with ?30(A) by the Secretary’s withholding funding, ?1396c, suggests that other means of enforcement are precluded, Sandoval, supra, at 290.

Spending Clause legislation like Medicaid “is much in the nature of a contract.” Pennhurst State School and Hospital v. Halderman, 451 U.?S. 1, 17 (1981). The notion that respondents have a right to sue derives, perhaps, from the fact that they are beneficiaries of the federal-state Medicaid agreement, and that intended beneficiaries, in modern times at least, can sue to enforce the obli-gations of private contracting parties. See 13 R. Lord, Williston on Contracts ??37:12-37.13, pp. 123-135 (4th ed. 2013). We doubt, to begin with, that providers are intended beneficiaries (as opposed to mere incidental beneficiaries) of the Medicaid agreement, which was concluded for the benefit of the infirm whom the providers were to serve, rather than for the benefit of the providers themselves. See Pharmaceutical Research and Mfrs. of America v. Walsh, 538 U.?S. 644, 683 (2003) (THOMAS, J., concurring in judgment). More fundamentally, however, the modern jurisprudence permitting intended beneficiaries to sue does not generally apply to contracts between a private party and the government, Astra USA, Inc. v. Santa Clara County, 563 U.?S. ___, ___ (2011) (slip op., at 6); see Williston, supra, at ??37:35-37:36, at 256-271; 9 J. Murray, Corbin on Contracts ?45.6, p. 92 (rev. ed. 2007)–much less to contracts between two governments. Our precedents establish that a private right of action under federal law is not created by mere implication, but must be “unambiguously conferred,” Gonzaga, 536 U.?S., at 283. Nothing in the Medicaid Act suggests that Congress meant to change that for the commitments made under ?30(A).

*??*??*

?????The judgment of the Ninth Circuit Court of Appeals is reversed.

It is so ordered.

FOOTNOTES

[^*]: Respondents do not claim that Wilder establishes precedent for a private cause of action in this case. They do not assert a ?1983 action, since our later opinions plainly repudiate the ready implication of a ?1983 action that Wilder exemplified. See Gonzaga, Univ. v. Due, 536 U.?S. 273, 283 (2002) (expressly “reject[ing] the notion,” implicit in Wilder, “that our cases permit anything short of an unambiguously conferred right to support a cause of action brought under ?1983”).