''Schweiker v. Chilicky'', 487 U.S. 412 (1988), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decision that established limitations on
implied causes of action. The Court determined that a cause of action would not be implied for the violation of rights where the
U.S. Congress
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
had already provided a remedy for the violation of rights at issue, even if the remedy was inadequate.
In this case, seriously disabled people were wrongfully being denied federal benefits (although, on appeal to an Administrative Law Judge, two-thirds had their payments restored). Although Congress provides for the return of back-pay, no provision is made for pain and suffering or other economic losses. The injured parties sued responsible agency personnel, under the theory that pursuant to ''
Bivens v. Six Unknown Named Agents'' they could allege a private right of action for deprivation of due process.
The Court examined whether Congress intended a private right of action under these circumstances, and concluded that if Congress has created a meaningful remedy – even if it is incomplete – then no ''Bivens''-type remedy is available. Special factors counseling hesitation included judicial deference to a combination of:
# some indication that Congress considered providing a cause of action, and chose not to; and
# the design of some government program containing what Congress considers an adequate remedial mechanism.
Here Congress has provided a great deal of process, and some relief, and has been otherwise silent as to a remedy, which the Court found to be enough to foreclose a ''Bivens'' remedy.
See also
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List of United States Supreme Court cases, volume 487
This is a list of all United States Supreme Court cases from volume 487 of the ''United States Reports
The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, or ...
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List of United States Supreme Court cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States.
By Chief Justice
Court historians and other legal scholars consider each Chief J ...
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Lists of United States Supreme Court cases by volume
The following is a complete list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of e ...
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External links
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United States Supreme Court cases
United States Supreme Court cases of the Rehnquist Court
1988 in United States case law
Implied constitutional cause of action case law
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