armstrong et al exceptional child center et argued january decided march providers habilitation services idaho medicaid plan reimbursed state department health welfare section medicaid act requires idaho plan assure payments consistent efficiency economy quality care safeguard ing unnecessary utilization care services respondents providers habilitation services sued petitioners idaho health welfare department officials claiming idaho reimbursed rates lower permits seeking enjoin petitioners increase rates district entered summary judgment providers ninth circuit affirmed concluding supremacy clause gave providers implied right action sue implied right action seek injunction requiring idaho comply held judgment reversed fed appx reversed justice scalia delivered opinion except part iv concluding supremacy clause confer private right action medicaid providers sue injunction requiring compliance pp supremacy clause instructs courts give federal law priority state federal law clash gibbons ogden wheat federal rights golden state transit los angeles certainly create cause action nothing clause text suggests otherwise nothing suggests ever understood conferring private right action article vests congress broad discretion manner implementing enumerated powers art mcculloch maryland wheat unlikely constitution gave congress broad discretion regard enactment laws simultaneously limiting congress power manner implementation making impossible leave enforcement federal law federal actors pp reading supremacy clause confer private right action consistent preemption jurisprudence ability sue enjoin unconstitutional actions state federal officers creation courts equity reflects long history judicial review illegal executive action tracing back england never held suggested remedy application state officers rests upon implied right action contained supremacy clause pp respondents suit proceed equity power federal courts equity enjoin unlawful executive action subject express implied statutory limitations see seminole tribe florida express provision single remedy state failure comply medicaid requirements withholding medicaid funds secretary health human services sheer complexity associated enforcing combine establish congress intent foreclose equitable relief verizon md public serv pp scalia delivered opinion respect parts ii iii roberts thomas breyer alito joined opinion respect part iv roberts thomas alito joined breyer filed opinion concurring part concurring judgment sotomayor filed dissenting opinion kennedy ginsburg kagan joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press richard armstrong et petitioners exceptional child center et al writ certiorari appeals ninth circuit march justice scalia delivered opinion except part iv consider whether medicaid providers sue enforce medicaid act stat codified amended medicaid federal program subsidizes provision medical services families dependent children aged blind disabled individuals whose income resources insufficient meet costs necessary medical services like spending clause legislation medicaid offers bargain congress provides federal funds exchange agreement spend accordance congressionally imposed conditions order qualify medicaid funding state idaho adopted federal government approved medicaid plan idaho administers department health welfare idaho plan includes habilitation services care individuals provision services require level care provided hospital nursing facility intermediate care facility mentally retarded cost reimbursed state plan providers services reimbursed department health welfare section medicaid act requires idaho plan provide methods procedures relating utilization payment care services available plan may necessary safeguard unnecessary utilization care services assure payments consistent efficiency economy quality care sufficient enlist enough providers care services available plan least extent care services available general population geographic area respondents providers habilitation services persons covered idaho medicaid plan sued petitioners two officials idaho department health welfare district district idaho claiming idaho violates reimbursing providers habilitation services rates lower permits asked enjoin petitioners increase rates district entered summary judgment providers holding idaho set rates manner consistent inclusion armstrong supp ninth circuit affirmed fed appx said providers implied right action supremacy clause seek injunctive relief enforcement implementation state legislation citing independent living center southern cal shewry granted certiorari ii supremacy clause art vi cl reads constitution laws shall made pursuance thereof treaties made shall made authority shall law land judges every state shall bound thereby thing constitution laws state contrary notwithstanding apparent clause creates rule decision courts shall regard constitution laws made pursuance thereof law land must give effect state laws conflict federal laws gibbons ogden wheat equally apparent supremacy clause federal rights golden state transit los angeles quoting chapman houston welfare rights organization certainly create cause action instructs courts state federal law clash silent regarding may enforce federal laws circumstances may hamilton wrote supremacy clause declares truth flows immediately necessarily institution federal government federalist cooke ed story described clause positive affirmance necessarily implied commentaries constitution descriptions grossly inapt clause understood give affected parties constitutional hence congressionally unalterable right enforce federal laws understood provide significant private rights one expect find mentioned preratification historical record contained ample discussion supremacy clause supporters opponents ratification see drahozal supremacy clause reference guide constitution federalist madison aware mention respondents provided conspicuous absence militates strongly position additionally important read supremacy clause context constitution whole article vests congress broad discretion manner implementing enumerated powers giving authority make laws shall necessary proper carrying execution art said confers upon legislature discretion respect means powers constitution confers carried execution enable body perform high duties assigned mcculloch maryland wheat unlikely constitution gave congress broad discretion regard enactment laws simultaneously limiting congress power manner implementation making impossible leave enforcement federal law federal actors supremacy clause includes private right action constitution requires congress permit enforcement laws private actors significantly curtailing ability guide implementation law strange indeed give clause makes federal law reading limits congress power enforce law imposing mandatory private enforcement limitation regard state legislatures say supremacy clause confer right action diminish significant role courts play assuring supremacy federal law case controversy properly comes judges bound federal law thus may convict criminal defendant violating state law federal law prohibits see pennsylvania nelson similarly may hold civil defendant liable state law conduct federal law requires see mutual pharmaceutical bartlett slip long recognized individual claims federal law immunizes state regulation may issue injunction upon finding state regulatory actions preempted ex parte young respondents contend preemption jurisprudence specifically fact regularly considered whether enjoin enforcement state laws alleged violate federal law demonstrates supremacy clause creates cause action violation incorrect true enough long held federal courts may circumstances grant injunctive relief state officers violating planning violate federal law see osborn bank wheat ex parte young supra citing davis gray wall true respect violations federal law state officials also respect violations federal law federal officials see american school magnetic healing mcannulty see generally jaffe judicial control administrative action thus supremacy clause need light textual analysis explanation cases demonstrate proper case relief may given equity prevent injurious act public officer carroll safford ability sue enjoin unconstitutional actions state federal officers creation courts equity reflects long history judicial review illegal executive action tracing back england see jaffe henderson judicial review rule law historical origins rev remedy never held even suggested application state officers rests upon implied right action contained supremacy clause even dissent implicitly acknowledges post opinion sotomayor ninth circuit erred holding otherwise iii turn next respondents contention quite apart cause action conferred supremacy clause suit proceed idaho equity power federal courts equity enjoin unlawful executive action subject express implied statutory limitations see seminole tribe equity disregard statutory constitutional requirements provisions courts law ins pangilinan quoting hedges dixon county brackets omitted view medicaid act implicitly precludes private enforcement respondents invoking equitable powers circumvent congress exclusion private enforcement see douglas independent living center southern roberts dissenting slip two aspects establish congress intent foreclose equitable relief verizon md public serv first sole remedy congress provided state failure comply medicaid requirements state breach spending clause contract withholding medicaid funds secretary health human services elsewhere explained express provision one method enforcing substantive rule suggests congress intended preclude others alexander sandoval provision secretary enforcement withholding funds might preclude availability equitable relief see virginia office protection advocacy stewart slip combined judicially unadministrable nature text difficult imagine requirement broader less specific mandate state plans provide payments consistent efficiency economy quality care safeguard ing unnecessary utilization care services explicitly conferring enforcement standard upon secretary alone establishes think congress wanted make agency remedy provided exclusive thereby achieving expertise uniformity widespread consultation resulting administrative guidance accompany agency decisionmaking avoiding comparative risk inconsistent interpretations misincentives arise occasional inappropriate application statute private action gonzaga univ doe breyer concurring judgment sheer complexity associated enforcing coupled express provision administrative remedy shows medicaid act precludes private enforcement courts dissent agrees us supremacy clause provide implied right action congress may displace equitable relief traditionally available enforce federal law disagrees conclusion displacement occurred dissent insists congress undoubtedly aware federal courts practice enjoining preempted state action generally presumed contemplate enforcement unless affirmatively manifests contrary intent post emphasis added practice justify rule denies statutory text fairest reading section fairly read context medicaid act display intent foreclose availability equitable relief verizon supra warrant revise congress scheme simply affirmatively preclude availability action equity see seminole tribe supra inferring absence affirmative statement congress equitable relief unavailable equally unavailing dissent reliance history section amended december include dissent calls equal access mandate post requirement reimbursement rates sufficient enlist enough providers care services available plan least extent care services available general population geographic area stat existed time another provision known boren amendment likewise imposed broad requirements state medicaid plans supp lower courts interpreted boren amendment privately enforceable dissent infers congress amended failed anticipate broad language least equal access mandate interpreted enforceable private action thus concludes dissent congress failure expressly preclude private enforcement suggests intended preclude private enforcement post argument appears rely canon rule judicial interpretations settled meaning existing statutory provision repetition language new statute presumed incorporate interpretation bragdon abbott canon application language two provisions nowhere near identical even question whether boren amendment permitted private actions far settled congress amended already granted certiorari decide yet decided whether boren amendment enforced suit see baliles virginia hospital granting certiorari decision permitting action issue june almost six months amendment wilder virginia hospital existence granted petition certiorari demonstrates quite clearly question whether boren amendment enforced unsettled time amendment congress aware parallel highly doubtful course awareness prompted legislative silence rather express specification availability private enforcement congress intended finally dissent speaks though leave plaintiffs resort case relief must sought initially secretary rather courts dissent complaint sanction available secretary funding massive realistic source relief seems us mistaken doubt secretary notice state compensation scheme inadequate ignored iv last possible source cause action respondents medicaid act claim rightly section lacks sort language needed imply private right action sandoval supra phrased directive federal agency charged approving state medicaid plans conferral right sue upon beneficiaries state decision participate medicaid act says secretary shall approve plan fulfills conditions specified subsection subsection includes held language reveals congressional intent create private right action sandoval supra see also universities research coutu explicitly conferred means enforcing compliance secretary withholding funding suggests means enforcement precluded sandoval supra spending clause legislation like medicaid much nature contract pennhurst state school hospital halderman notion respondents right sue derives perhaps fact beneficiaries medicaid agreement intended beneficiaries modern times least sue enforce private contracting parties see lord williston contracts pp ed doubt begin providers intended beneficiaries opposed mere incidental beneficiaries medicaid agreement concluded benefit infirm providers serve rather benefit providers see pharmaceutical research mfrs america walsh thomas concurring judgment fundamentally however modern jurisprudence permitting intended beneficiaries sue generally apply contracts private party government astra usa santa clara county slip see williston supra murray corbin contracts rev ed much less contracts two governments precedents establish private right action federal law created mere implication must unambiguously conferred gonzaga nothing medicaid act suggests congress meant change commitments made judgment ninth circuit appeals reversed ordered opinion breyer richard armstrong et petitioners exceptional child center et al writ certiorari appeals ninth circuit march justice breyer concurring part concurring judgment join parts ii iii opinion like members characterize question us terms supremacy clause cause action rather ask whether federal courts may circumstances grant injunctive relief state officers violating planning violate federal law ante post sotomayor dissenting believe answer question answer follow application simple fixed legal formula separating federal statutes may underlie kind injunctive action may statute books many laws diverse purposes complex single legal formula offer courts general guidance gonzaga univ doe breyer concurring judgment rather believe several characteristics federal statute us taken together make clear congress intended foreclose respondents bringing particular action injunctive relief one thing majority points medicaid act sets forth federal mandate broad nonspecific see ante applies broad standards setting rates history ratemaking demonstrates administrative agencies far better suited task judges century ago congress created interstate commerce commission first great federal regulatory agency endowed authority set reasonable railroad rates ch stat part judicial efforts maintain reasonable rate levels proved inadequate see sharfman railway regulation analysis underlying problems railway economics standpoint government regulation reading underscores complexity nonjudicial nature task provision requires state medicaid plans assure payments consistent efficiency economy quality care sufficient enlist enough providers assure care services equivalent available general population geographic area methods state agency idaho department health welfare uses make kind determination may involve subsidiary determinations example actual cost providing quality services including personnel total operating expenses changes public expectations respect delivery services inflation comparison rates paid neighboring comparable services comparison rates paid comparable services public private capacities see app reply brief opposition idaho code ann time applies broadly covering reimbursements provided approximately million doctors serving million patients across nation see dept health human office inspector general access care provider availability medicaid managed care engage efforts obtain public input proposed plan amendments see kansas medicaid design implementation public input stakeholder consult process prepared deloitte consulting llp describing public input kansas proposed medicaid amendments recognize federal courts long become accustomed reviewing reasonableness constitutionality determinations made agencies see fpc hope natural gas action instead lower courts relying standard articulated orthopaedic hospital belshe required state set rates approximate cost quality care provided efficiently economically see inclusion armstrong supp idaho aff fed appx find law basis courts engage direct set precedent allowing similar actions potentially resulting rates set federal judges several hundred outside ordinary channel federal judicial review agency decisionmaking consequence fear increased litigation inconsistent results disorderly administration highly complex federal programs demand public consultation administrative guidance coherence success believe congress intended allow injunctive action poses risks features mention recognize courts might particular instances able resolve requests injunctive relief quite easily see easy way separate advance potentially simple sheep harmful goats event case fear belongs latter category see belshe supra compare brief respondents claiming respondents seek enforce federally approved methodology brief amicus curiae relevant methodology approved see also idaho code ann describing general terms appears complex methodology leaving unclear extent idaho bound use rather merely consider actual provider costs another thing like majority ask complex area forms relief inadequate secretary health human services concludes state failing follow legally required federal rules secretary withhold federal funds see ante citing withholding funds work federal agency may able sue state compel compliance federal rules see tr oral arg solicitor general respondents acknowledging federal government might able sue state enjoin paying less requires arizona allowing similar action another context moreover respondents ask federal agency interpret rules respondents satisfaction modify rules promulgate new rules enforce old ones see normally requests denied injured party seek judicial review agency refusal grounds arbitrary capricious abuse discretion otherwise accordance law injured party ask compel agency action unlawfully withheld unreasonably delayed see also tr oral arg arguing providers bring action administrative procedure act apa whenever waiver program renewed seek new agency rulemaking japan whaling assn american cetacean apa challenge secretary commerce failure act recognize law may give federal agency broad discretionary authority decide exercise enforce statutes rules see massachusetts epa result may difficult respondents prevail apa claim unless stems agency particularly egregious failure act congress decided vest broad discretion agency interpret enforce see reason circumvent congressional determination allowing action proceed sotomayor dissenting richard armstrong et petitioners exceptional child center et al writ certiorari appeals ninth circuit march justice sotomayor justice kennedy justice ginsburg justice kagan join dissenting suits federal restrain state officials executing laws assertedly conflict constitution federal statue novel contrary adjudicated requests equitable relief since early days republic nevertheless today holds congress foreclosed private parties invoking equitable powers federal courts require comply medicaid act without pointing sort detailed remedial scheme previously deemed necessary establish congressional intent preclude resort equity instead relies congress provision agency enforcement enforcement mechanism sort already definitively determined foreclose private actions mere fact contains relatively broad language agree statutory provisions demonstrate requisite congressional intent restrict equitable authority federal courts respectfully dissent parties may call upon federal courts enjoin unconstitutional government action subject serious dispute perhaps famous exposition principle decision ex parte young doctrine derives usual name held shareholders railroad seek injunction preventing minnesota attorney general enforcing state law setting maximum railroad rates eleventh amendment provide officials immunity action federal power equity grant temporary injunction earlier recognized similar equitable authority osborn bank wheat federal issued injunction prohibiting ohio official executing state law taxing bank affirmed relevant part concluding case cognizable equity holding proper grant equitable relief insofar state tax repugnant federal law creating national bank recently confirmed vitality doctrine free enterprise fund public company accounting oversight found support argument challenge action appointments clause treated differently every constitutional claim equitable relief long recognized proper means preventing entities acting unconstitutionally suit like one seeks relief state officials acting pursuant state law allegedly preempted federal statute falls comfortably within doctrine claim state law contravenes federal statute basically constitutional nature deriving force operation supremacy clause douglas seacoast products application preempted state law therefore unconstitutional crosby national foreign trade council accord mcculloch maryland wheat power enact laws interfering operations constitutional laws enacted congress unavoidable consequence supremacy constitution declared state law unconstitutional void thus long entertained suits party seeks prospective equitable protection injurious preempted state law without regard whether federal statute issue provided right bring action see foster love state election law permitted winner state primary deemed winner election congress held preempted federal statute setting date congressional elections shaw delta air lines state law preempted part federal employee retirement income security act railroad transfer service chicago city ordinance imposing licensing requirements motor carrier transporting railroad passengers held preempted federal interstate commerce act campbell hussey state law requiring labeling certain strains tobacco held preempted federal tobacco inspection act railway mcshane wall state taxation land possessed railroad company held invalid federal act july indeed reason characterized availability prospective relief sort awarded ex parte young giving life supremacy clause green mansour thus even though correct somewhat misleading speak implied right action contained supremacy clause ante mean parties may enforce supremacy clause bringing suit enjoin preempted state action also recognizes long held federal courts may circumstances grant injunctive relief state officers violating planning violate federal law ante important purposes case mere existence equitable authority fact exceedingly well established supported puts long history ante congress may chooses either expressly implicitly preclude ex parte young enforcement actions respect particular statute category lawsuit see prohibiting federal judicial restraints collection state taxes seminole tribe florida comprehensive alternative remedial scheme establish congress intent foreclose ex parte young actions congress undoubtedly aware federal courts practice enjoining preempted state action generally presumed contemplate enforcement unless affirmatively manifests contrary intent unless statute many words necessary inescapable inference restricts jurisdiction equity full scope jurisdiction recognized applied porter warner holding respect equitable preemption actions differ suits brought plaintiffs invoking implied right action enforce federal statute suits redress designed halt prevent constitutional violation rather award money damages seek traditional forms relief stanley contrast plaintiff invoking implied statutory cause action may seek variety remedies including damages potentially broad range parties rather simply pointing background equitable principles authorizing action congress presumably overridden plaintiff must demonstrate specific congressional intent create statutory right remedies see gonzaga univ doe alexander sandoval see also golden state transit los angeles kennedy dissenting preemption claim seek enforce statutory right injured party need vest right assert attempted exercise jurisdiction control violates proper distribution powers within federal system reasons principles developed determine whether statute creates implied right action enforceable transferable ex parte young context ii concluding congress implicitly preclude private enforcement ante ignores critical distinction threatens vitality ex parte young jurisprudence identifies single prior decision seminole tribe ever discerned congressional intent foreclose equitable enforcement statutory mandate ante even cursory review decision reveals far afield case seminole tribe plaintiff indian tribe invoked ex parte young seeking compel state florida negotiate good faith tribe toward formation compact governing certain gaming activities required provision indian gaming regulatory act rejected effort observing congress passed conjunction carefully crafted intricate remedial scheme set forth latter provision allowed tribe sue violations duty negotiate days requesting negotiations specifically limited remedy grant order directing state indian tribe conclude compact within days provided sanction violation order require parties submit proposed compact mediator iii iv statute directed state fail abide mediator selected compact sole remedy secretary interior consultation tribe prescribe regulations governing gaming see vii concluded congress must intended procedural route exclusive means enforcing explained enforced suit ex parte young superfluous difficult see indian tribe suffer intricate scheme complete immediate relief available ex parte young equivalent carefully crafted intricate remedial scheme enforcement relies two aspects medicaid act whether considered separately combination neither suffices first cites authorizes secretary health human services hhs withhold federal medicaid payments state whole part secretary determines state failed comply obligations set including see ante striking contrast remedial provision set indian gaming regulatory act provides specific procedure parties actually affected state violation statutory obligations may invoke lieu ex parte young leaving without avenue seeking relief state always provide particularly effective means redressing state violations state violated refusing reimburse medical providers level sufficient enlist enough providers care services available medicaid beneficiaries extent available general population agency action resulting reduced flow federal funds state often see brief former hhs officials amici curiae noting hhs often reluctant initiate compliance actions state creates scenario withholding state funds lead depriving poor essential medical assistance far rendering superfluous ex parte young actions seem anticipated possibly necessary supplement limited mechanism seminole tribe indeed presumably reasons recently rejected contention accepts holding fact federal government exercise oversight federal spending program even withhold withdraw funds demonstrate congress displayed intent provide complete immediate relief otherwise available ex parte young virginia office protection advocacy stewart slip internal quotation marks omitted section also parallels provisions scattered throughout social security act likewise authorize withholding federal funds fail fulfill obligations see yet consistently authorized judicial enforcement act see maine thiboutot collecting cases rosado wyman provides fitting illustration considered provision social security act mandating calculating benefits participants aid families dependent children program make adjustments reflect fully changes living costs quoting supp iv expressed hesitation concluding federal courts require compliance obligation explaining peculiarly part duty tribunal less welfare field areas law resolve disputes whether federal funds allocated expended consonance conditions congress attached use held notwithstanding existence enforcement provision permitting federal agency make total partial cutoff federal funds see citing second perhaps attempting reconcile treatment ed longstanding precedent focuses particular language contending provision least judicially unadministrable congress must intended preclude enforcement private suits ante admittedly standard set fairly broad requiring state medicaid plan provide methods procedures relating utilization payment care services available plan may necessary safeguard unnecessary utilization care services assure payments consistent efficiency economy quality care sufficient enlist enough providers care services available plan least extent care services available general population geographic area mere breadth statutory language require give hope judicial enforcement important infer congress must done fact contention language intended foreclose private enforcement actions entirely difficult square provision history specific equal access mandate invoked plaintiffs case reimbursement rates sufficient enlist enough providers care services available plan least extent care services available general population geographic area added stat time multiple federal courts appeals held boren amendment medicaid act enforceable pursuant soon thereafter concluded see wilder virginia hospital boren amendment employed language quite similar used requiring state plan provide payment hospital services nursing facility services services intermediate care facility mentally retarded provided plan use rates state finds makes assurances satisfactory secretary reasonable adequate meet costs must incurred efficiently economically operated facilities order provide care services conformity applicable state federal laws regulations quality safety standards assure individuals eligible medical assistance reasonable access inpatient hospital services adequate quality supp hard believe congress enacted operative version failed anticipate might similarly enforceable even observes question whether boren amendment enforceable unsettled time ante emphasis deleted surely congress spoken far clarity actually intended preclude private enforcement also ex parte young course broad scope language irrelevant rather compelling conclusion provision wholly unenforceable private parties breadth counsels favor interpreting provide substantial leeway rare extreme circumstances state actually held violate mandate provision scope may also often require rely hhs comparatively expert statute subject matter douglas independent living center southern slip agency made determination respect legal standard apply validity state procedures implementing medicaid plan determination accorded appropriate deference see chevron natural resources defense council skidmore swift faced question presents special demand agency expertise might call views agency refer question agency doctrine primary jurisdiction see rosado pharmaceutical research mfrs america walsh breyer concurring part concurring judgment finally authority invoked enforcing equitable nature plaintiff entitled relief right sound discretion see amoco production gambell given courts ability respect legitimate choices defer federal agency necessary see basis presuming congress believed judiciary completely incapable enforcing sum far identifying carefully crafted remedial scheme demonstrating congress intended foreclose ex parte young enforcement seminole tribe points two provisions first provision given precedent preclude private actions second perhaps broad understood manifest congressional intent preclude judicial involvement error today real consequences previously state set reimbursement rates low providers unwilling furnish covered service need compelled affected respect obligation imposed must suffice federal agency many programs oversee authority address violations drastic often counterproductive measure withholding funds pay services faithful application precedents led contrary result respectfully dissent footnotes respondents claim wilder establishes precedent private cause action case assert action since later opinions plainly repudiate ready implication action wilder exemplified see gonzaga univ due expressly reject ing notion implicit wilder cases permit anything short unambiguously conferred right support cause action brought footnotes say appeals case necessarily applied correctly indeed good reasons think construed impose overly stringent obligation ninth circuit understood compel rely responsible cost studies reimburse services rates approximate cost quality care provided efficiently economically orthopaedic hospital belshe courts read require rates high enough ensure services available medicaid participants see pennsylvania pharmacists assn houstoun evergreen presbyterian ministries hood methodist hospitals sullivan declined grant certiorari address whether ninth circuit reading correct see justice breyer concurrence appears mistake question merits ninth circuit standard question actually granted certiorari address whether judicially enforceable see ante opinion concurring part concurring judgment answer question one need recognize justice breyer federal courts long become accustomed reviewing reasonableness constitutionality determinations made agencies ante private party invokes jurisdiction federal courts order enjoin state agency implementation rates unreasonably low violate seeks determination exactly sort