West Virginia v. B. P. J. · ¶128

First, “Title IX was enacted as an exercise of Congress’ powers under the Spending Clause.” Jackson v. Birming ham Bd. of Ed., 544 U. S. 167, 181 (2005). That provision of the Constitution does not allow Congress to regulate conduct; instead, it only authorizes Congress to spend money. Medina v. Planned Parenthood South Atlantic, 606 U. S. 357, 370–371 (2025). Of course, Congress may seek to condition the funds it gives to others. Id., at 365. But much as with any contract, a funding recipient must “ ‘voluntarily and knowingly’” assent to those conditions for them to bear any legal force. Id., at 373 (quoting Pennhurst State School and Hospital v. Halderman, 451 U. S. 1, 17 (1981)). And for a funding recipient to provide that kind of assent, Congress must “clearly and unambiguously” specify the conditions it expects the funding recipient to follow. Medina, 606 U. S., at 373, n. 4; see…

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