Landor v. Louisiana Dept of Corrections and Public Safety · ¶85

The majority’s reasoning requires it to diminish two congressional powers and contort many more precedents of this Court. Stated simply, the Spending Clause contains no direct-consent requirement. The power it grants Congress “is of course not unlimited.” South Dakota v. Dole, 483 U. S. 203, 207 (1987). But neither is it so cramped as the majority imagines. Most important, it is a power to legislate, not merely to negotiate. And if the Spending Clause falls short, the Necessary and Proper Clause supplies the additional power Congress needs to bind prison officials—state agents whose compliance is critical to RLUIPA’s effective implementation.

slip opinion, revised 6/28/26
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