Difference between revisions of "Blum v. Yaretsky"

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(Created page with "''Blum v. Yaretsky'', 457 U.S. 991 (1982), Justice William Rehnquist rendered a decision for the U.S. Supreme Court which rejected an argument of state action by a...")
 
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{{cquote|Second, although the factual setting of each case will be significant, our precedents indicate that a State normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the State.}}
 
{{cquote|Second, although the factual setting of each case will be significant, our precedents indicate that a State normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the State.}}
 
''Blum v. Yaretsky'', 457 U.S. 991, 1004 (1982).
 
''Blum v. Yaretsky'', 457 U.S. 991, 1004 (1982).
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[[category:state action]]
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[[category:State Action]]
 
[[category:United States Supreme Court Cases]]
 
[[category:United States Supreme Court Cases]]

Latest revision as of 22:13, September 26, 2022

Blum v. Yaretsky, 457 U.S. 991 (1982), Justice William Rehnquist rendered a decision for the U.S. Supreme Court which rejected an argument of state action by a nursing home in transferring cases.

The oft-quoted passage from this decision to dismiss lawsuits based on state action is:

“ Second, although the factual setting of each case will be significant, our precedents indicate that a State normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the State. ”

Blum v. Yaretsky, 457 U.S. 991, 1004 (1982).