Blessing v. Freestone, 520 U.S. 329, 3 (1997)

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Cite as: 520 U. S. 329 (1997)

Syllabus

complaint into specific allegations can the District Court proceed to determine whether any specific claim asserts an individual federal right. Pp. 341-346. (c) Petitioner's argument that Title IV-D's remedial scheme is sufficiently comprehensive to demonstrate congressional intent to preclude § 1983 suits is rejected. Petitioner does not claim that any Title IV-D provision expressly curtails § 1983 actions, and she has failed to make the difficult showing that allowing such actions to go forward in these circumstances would be inconsistent with Congress' carefully tailored scheme. That scheme is far more limited than those at issue in Middlesex County Sewerage Authority v. National Sea Clammers Assn., 453 U. S. 1, and Smith v. Robinson, 468 U. S. 992, the only cases in which the Court has found preclusion; in particular, Title IV-D contains no private remedy—either judicial or administrative—through which aggrieved persons can seek redress. The only way that Title IV-D assures that States live up to their child support plans is through the Secretary's oversight, but the Secretary's limited powers to audit and cut federal funding are not comprehensive enough to foreclose § 1983 liability. Pp. 346-348. 68 F. 3d 1141, vacated and remanded.

O'Connor, J., delivered the opinion for a unanimous Court. Scalia, J., filed a concurring opinion, in which Kennedy, J., joined, post, p. 349.

C. Tim Delaney, Solicitor General of Arizona, argued the cause for petitioner. With him on the briefs were Grant Woods, Attorney General, Carter G. Phillips, Richard D. Bernstein, and Adam D. Hirsh.

Marsha S. Berzon argued the cause and filed a brief for respondents.

Patricia A. Millett argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, William Kanter, and Alfred Mollin.*

*Briefs of amici curiae urging reversal were filed for the State of Illinois et al. by James E. Ryan, Attorney General of Illinois, Barbara A. Preiner, Solicitor General, and James C. O'Connell, Barbara L. Green-span, and James C. Stevens, Special Assistant Attorneys General, and Charles F. C. Ruff, Corporation Counsel of the District of Columbia, and

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