Blessing v. Freestone, 520 U.S. 329, 20 (1997)

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348

BLESSING v. FREESTONE

Opinion of the Court

had power to reject state Medicaid plans or to withhold federal funding to States whose plans did not comply with federal law. 496 U. S., at 521. Even though in both cases these oversight powers were accompanied by limited state grievance procedures for individuals, we found that § 1983 was still available. Wright, supra, at 427-428; Wilder, supra, at 523.

The enforcement scheme that Congress created in Title IV-D is far more limited than those in Sea Clammers and Smith. Unlike the federal programs at issue in those cases, 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. The Secretary can audit only for "substantial compliance" on a programmatic basis. Furthermore, up to 25 percent of eligible children and custodial parents can go without most of the services enumerated in Title IV-D before the Secretary can trim a State's AFDC grant. These limited powers to audit and cut federal funding closely resemble those powers at issue in Wilder and Wright. Although counsel for the Secretary suggested at oral argument that the Secretary "has the same right under a contract as any other party to seek specific performance," Tr. of Oral Arg. 49, this possibility was not developed in the briefs. Even assuming the Secretary's authority to sue for specific performance, Title IV-D's administrative enforcement arsenal would not compare to those in Sea Clammers and Smith, especially if, as the Government further contended, see Tr. of Oral Arg. 49-50, no private actor would have standing to force the Secretary to bring suit for specific performance. To the extent that Title IV-D may give rise to individual rights, therefore, we agree with the Court of Appeals that the Secretary's oversight powers are not comprehensive enough to close the door on § 1983 liability. 68 F. 3d, at 1151-1156.

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