366
Blackmun, J., dissenting
509 (quoting Golden State Transit Corp. v. Los Angeles, 493 U. S. 103, 106 (1989)). If so, then the provision creates an enforceable right unless (2) the provision "reflects merely a 'congressional preference' for a certain kind of conduct rather than a binding obligation on the governmental unit," 496 U. S., at 509 (quoting Pennhurst State School and Hospital v. Halderman, 451 U. S. 1, 19 (1981)), or unless (3) the plaintiff's interest is so " 'vague and amorphous' " as to be " 'beyond the competence of the judiciary to enforce.' " 496 U. S., at 509 (quoting Golden State, 493 U. S., at 106, in turn quoting Wright, 479 U. S., at 431-432). See also Dennis v. Higgins, 498 U. S. 439, 448-449 (1991) (quoting and applying the three-part test as stated in Golden State). The Court today has little difficulty concluding that the plaintiff children in this case have no enforceable rights, because it does not mention—much less apply—this firmly established analytic framework.
B
In Wilder, we held that under the above three-part test, the Boren Amendment to the Medicaid Act creates an enforceable right. As does the Adoption Act, the Medicaid Act provides federal funding for state programs that meet certain federal standards and requires participating States to file a plan with the Secretary of Health and Human Services. Most relevant here, the Medicaid Act, like the Adoption Act, requires that the State undertake a "reasonableness" commitment in its plan. With respect to the rate at which providers are to be reimbursed, the Boren Amendment requires:
"A State plan for medical assistance must—
. . . . . "provide . . . for payment . . . [of services] provided under the plan through the use of rates (determined in accordance with methods and standards developed by the State . . .) which the State finds, and makes assurances satisfactory to the Secretary, are reasonable and
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