Frew v. Hawkins

Summary

Justice Kennedy, writing for a unanimous Court, held that the Eleventh Amendment does not bar enforcement against state officials of a federal consent decree implementing federal Medicaid requirements, even when the decree requires specific measures not expressly required by the statute. Because the decree resolved a federal dispute, furthered federal statutory objectives, and provided relief consistent with Ex parte Young, its enforcement did not require a new showing of a statutory violation. The Court did not reach the petitioners’ waiver argument. It explained that federalism concerns should be addressed through equitable administration and modification of the decree, including under Rule 60(b)(5), rather than by denying enforcement on sovereign-immunity grounds. The Court reversed and remanded. There were no separate opinions.