Landor v. Louisiana Dept of Corrections and Public Safety · ¶91

When Congress “exercise[s] its Spending Power,” we have long understood, “Dole provides the appropriate framework for assessing . . . constitutionality.” United States v. Amer ican Library Assn., Inc., 539 U. S. 194, 203, n. 2 (2003) (opinion of Rehnquist, C. J.). But neither respondents nor the majority attempts to invalidate RLUIPA under any of Dole’s prongs. Instead, they devise a new one: Spending Clause legislation can make liable only those who have directly and expressly consented to be made liable. See ante, at 8.

slip opinion, revised 6/28/26
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