Davis v. Monroe County Bd. of Ed., 526 U.S. 629, 26 (1999)

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654

DAVIS v. MONROE COUNTY BD. OF ED.

Kennedy, J., dissenting

cipal. Further, petitioner contends that the harassment had a concrete, negative effect on her daughter's ability to receive an education. The complaint also suggests that petitioner may be able to show both actual knowledge and deliberate indifference on the part of the Board, which made no effort whatsoever either to investigate or to put an end to the harassment.

On this complaint, we cannot say "beyond doubt that [petitioner] can prove no set of facts in support of [her] claim which would entitle [her] to relief." Conley v. Gibson, 355 U. S. 41, 45-46 (1957). See also Scheuer v. Rhodes, 416 U. S. 232, 236 (1974) ("The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims"). Accordingly, the judgment of the United States Court of Appeals for the Eleventh Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Justice Kennedy, with whom The Chief Justice, Justice Scalia, and Justice Thomas join, dissenting.

The Court has held that Congress' power " 'to authorize expenditure of public moneys for public purposes is not limited by the direct grants of legislative power found in the Constitution.' " South Dakota v. Dole, 483 U. S. 203, 207 (1987) (quoting United States v. Butler, 297 U. S. 1, 66 (1936)). As a consequence, Congress can use its Spending Clause power to pursue objectives outside of "Article I's 'enumerated legislative fields' " by attaching conditions to the grant of federal funds. 483 U. S., at 207. So understood, the Spending Clause power, if wielded without concern for the federal balance, has the potential to obliterate distinctions between national and local spheres of interest and power by permitting the Federal Government to set pol-

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