Alexander v. Sandoval
Alexander v. Sandoval
Dissenting Opinion
dissenting.
In 1964, as part of a groundbreaking and comprehensive civil rights Act, Congress prohibited recipients of federal funds from discriminating on the basis of race, ethnicity, or national origin. Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42 U. S. C. §§2000d to 2000d-7. Pursuant to pow
In separate lawsuits spanning several decades, we have endorsed an action identical in substance to the one brought in this case, see Lau v. Nichols, 414 U. S. 568 (1974); demonstrated that Congress intended a private right of action to protect the rights guaranteed by Title VI, see Cannon v. University of Chicago, 441 U.S. 677 (1979); and concluded that private individuals may seek declaratory and injunctive relief against state officials for violations of regulations promulgated pursuant to Title VI, see Guardians Assn. v. Civil Serv. Comm’n of New York City, 468 U.S. 582 (1983). Giving fair import to our language and our holdings, every Court of Appeals to address the question has concluded that a private right of action exists to enforce the rights guaranteed both by the text of Title VI and by any regulations validly promulgated pursuant to that Title, and Congress has adopted several statutes that appear to ratify the status quo.
Today, in a decision unfounded in our precedent and hostile to decades of settled expectations, a majority of this Court carves out an important exception to the right of private action long recognized under Title VI. In so doing, the
I
The majority is undoubtedly correct that this Court has never said in so many words that a private right of action exists to enforce the disparate-impact regulations promulgated under § 602. However, the failure of our cases to state this conclusion explicitly does not absolve the Court of the responsibility to canvass our prior opinions for guidance. Reviewing these opinions with the care they deserve, I reach the same conclusion as the Courts of Appeals: This Court has already considered the question presented today and concluded that a private right of action exists.
The majority acknowledges that Cannon is binding precedent with regard to both Title VI and Title IX, ante, at 279-280, but seeks to limit the scope of its holding to cases involving allegations of intentional discrimination. The distinction the majority attempts to impose is wholly foreign to Cannon’s text and reasoning. The opinion in Cannon consistently treats the question presented in that ease as whether a private right of action exists to enforce “Title IX” (and by extension “Title VI”),
Our fractured decision in Guardians Assn. v. Civil Serv. Comrn’n of New York City, 463 U. S. 582 (1983), reinforces the conclusion that this issue is effectively settled. While
As I read today’s opinion, the majority declines to accord precedential value to Guardians because the five Justices in the majority were arguably divided over the mechanism through which private parties might seek such injunctive relief.
More importantly, the majority’s reading of Guardians is strained even in reference to the broader question whether injunctive relief is available to remedy violations of the Title VI regulations by nongovernmental grantees. As Guardians involved an action against a governmental entity, making §1983 relief available, the Court might have discussed the availability of judicial relief without addressing the scope of the implied private right of action available directly under Title VI. See 463 U. S., at 638 (Stevens, J.) (“Even if it were not settled by now that Title VI authorizes appropriate relief, both prospective and retroactive, to victims of racial discrimination at the hands of recipients of federal funds, the same result would follow in this ease because the petitioners have sought relief under 42 U. S. C. § 1983” (emphasis deleted)). However, the analysis in each of the relevant opinions did not do so.
In summary, there is clear precedent of this Court for the proposition that the plaintiffs in this case can seek injunctive relief either through an implied right of action or through § 1988. Though the holding in Guardians does not compel the conclusion that a private right of action exists to enforce the Title VI regulations against private parties, the rationales of the relevant opinions strongly imply that result. When that fact is coupled with our holding in Cannon and our unanimous decision in Lau, the answer to the question presented in this ease is overdetermined.
Underlying the majority’s dismissive treatment of our prior cases is a flawed understanding of the structure of Title VI and, more particularly, of the relationship between §§ 601 and 602. To some extent, confusion as to the relationship between the provisions is understandable, as Title VI is a deceptively simple statute. Section 601 of the Act lays out its straightforward commitment: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 42 U. S. C. §2000d. Section 602 “authorize^] and direetfs]” all federal departments and agencies empowered to extend federal financial assistance to issue “rules, regulations, or orders of general applicability” in order to “effectuate” § 601’s antidis-crimination mandate. 42 U. S. G. § 2000d-l.
On the surface, the relationship between §§601 and 602 is unproblematic — §601 states a basic principle, §602 authorizes agencies to develop detailed plans for defining the contours of the principle and ensuring its enforcement. In the context of federal civil rights law, however, nothing is ever so simple. As actions to enforce §601’s antidiscrimination principle have worked their way through the courts, we have developed a body of law giving content to § 601’s broadly worded commitment. E. g., United States v. Fordice, 605 U.S. 717, 732, n. 7 (1992); Guardians Assn. v. Civil Serv.
Given that seeming peculiarity, it is necessary to examine closely the relationship between §§601 and 602, in order to understand the purpose and import of the regulations at issue in this case. For the most part, however, the majority ignores this task, assuming that the judicial decisions interpreting §601 provide an authoritative interpretation of its true meaning and treating the regulations promulgated by the agencies charged with administering the statute as poor stepcousins — either parroting the text of § 601 (in the case of regulations that prohibit intentional discrimination) or forwarding an agenda untethered to § 601’s mandate (in the case of disparate-impact regulations).
The majority’s statutory analysis does violence to both the text and the structure of Title VI. Section 601 does not stand in isolation, but rather as part of an integrated remedial scheme. Section 602 exists for the sole purpose of forwarding the antidiscrimination ideals laid out in § 601.
In Lau, our first Title VI case, the only three Justices whose understanding of §601 required them to reach the question explicitly endorsed the power of the agencies to adopt broad prophylactic rules to enforce the aims of the statute. As Justice Stewart explained, regulations promulgated pursuant to §602 may “go beyond... §601” as long as they are “reasonably related” to its antidiscrimination mandate. 414 U. S., at 571 (Stewart, J., joined by Burger, C. J., and Blackmun, J., concurring in result). In Guardians, at least three Members of the Court adopted a similar understanding of the statute. See 463 U. S., at 643 (Stevens, J., joined by Brennan and Blackmun, JJ., dissenting). Finally, just 16 years ago, our unanimous opinion in Alexander v. Choate, 469 U. S. 287 (1985), treated this understanding of Title VFs structure as settled law. Writing for the Court, Justice Marshall aptly explained the interpretation of §602’s grant of regulatory power that necessarily underlies our prior ease law: “In essence, then, we [have] held that Title VI [has] delegated to the agencies in the first instance the complex determination of what sorts of disparate impacts upon minorities constituted sufficiently significant social problems, and [are] readily enough remediable, to warrant altering the practices of the federal grantees that [have] produced those impacts.” Id., at 293-294.
This understanding is firmly rooted in the text of Title VI. As §602 explicitly states, the agencies are authorized to adopt regulations to “effectuate” §601’s antidiscrimination mandate. 42 U. S. C. §2000d-l. The plain meaning of the
This legislative design reflects a reasonable — indeed inspired — model for attacking the often-intraetable problem of racial and ethnic discrimination. On its own terms, the statute supports an action challenging policies of federal grantees that explicitly or unambiguously violate antidiscrimination norms (such as policies that on their face limit benefits or services to certain races). With regard to more subtle forms of discrimination (such as schemes that limit benefits or services on ostensibly race-neutral grounds but have the predictable and perhaps intended consequence of materially benefiting some races at the expense of others), the statute does not establish a static approach but instead empowers the relevant agencies to evaluate social circumstances to determine whether there is a need for stronger measures.
The "effects” regulations at issue in this case represent the considered judgment of the relevant agencies that discrimination on the basis of race, ethnicity, and national origin by federal contraetees are significant social problems that might be remedied, or at least ameliorated, by the application of a broad prophylactic rule. Given the judgment underlying them, the regulations are inspired by, at the service of, and inseparably intertwined with § 601’s antidiscrimination mandate. Contrary to the majority’s suggestion, they “appl[y]” § 601’s prohibition on discrimination just as surely as the intentional discrimination regulations the majority concedes are privately enforceable. Ante, at 284.
To the extent that our prior eases miseharacterize the relationship between §§601 and 602, they err on the side of underestimating, not overestimating, the connection between the two provisions. While our eases have explicitly adopted an understanding of § 601’s scope that is somewhat narrower than the reach of the regulations,
Our conclusion that the legislation only encompasses intentional discrimination was never the subject of thorough consideration by a Court focused on that question. In Bakke, five Members of this Court concluded that §601 only prohibits race-based affirmative-action programs in situations where the Equal Protection Clause would impose a similar ban. 438 U. S., at 287 (principal opinion of Powell, J.); id., at
If we were writing on a blank slate, we might very well conclude that Chevron and similar cases decided both before and after Guardians provide the proper framework for understanding the structure of Title VI. Under such a reading there would be no incongruity between §§601 and 602. Instead, we would read §602 as granting the federal agencies responsible for distributing federal funds the authority
To resolve this ease, however, it is unnecessary to answer the question whether our cases interpreting the reach of §601 should be reinterpreted in light of Chevron. If one understands the relationship between §§601 and 602 through the prism of either Chevron or our prior Title VI eases, the question presented all but answers itself. If the regulations promulgated pursuant to §602 are either an authoritative construction of § 601’s meaning or prophylactic rules necessary to actualize the goals enunciated in § 601, then it makes no sense to differentiate between private actions to enforce § 601 and private actions to enforce § 602. There is but one private action to enforce Title VI, and we already know that such an action exists.
The majority couples its flawed analysis of the structure of Title VI with an uncharitable understanding of the substance of the divide between those on this Court who are reluctant to interpret statutes to allow for private rights of action and those who are willing to do so if the claim of right survives a rigorous application of the criteria set forth in Corb v. Ash, 422 U. S. 66 (1975). As the majority narrates our implied right of action jurisprudence, ante, at 286-287, the Court’s shift to a more skeptical approach represents the rejection of a common-law judicial activism in favor of a principled recognition of the limited role of a contemporary “federal tribuna[l].” Ante, at 287. According to its analysis, the recognition of an implied right of action when the text and structure of the statute do not absolutely compel such a conclusion is an act of judicial self-indulgence. As much as we would like to help those disadvantaged by discrimination, we must resist the temptation to pour ourselves “one last drink.” Ibid. To do otherwise would be to “ventur[e] beyond Congress’s intent.” Ibid.
Overwrought imagery aside, it is the majority’s approach that blinds itself to congressional intent. While it remains true that, if Congress intends a private right of action to support statutory rights, “the far better course is for it to specify as much when it creates those rights,” Cannon, 441
The very existence of these rules and strategies assumes that we will sometimes find manifestations of an implicit intent to create such a right. Our decision in Cannon represents one such occasion. As the Cannon opinion iterated and reiterated, the question whether the plaintiff had a right of action that could be asserted in federal court was a “question of statutory construction,” 441 U.S., at 688; see also id., at 717 (REHNQUIST, J., concurring), not a question of policy for the Court to decide. Applying the Cort v. Ash factors, we examined the nature of the rights at issue, the text and structure of the statute, and the relevant legislative history.
Underlying today’s opinion is the conviction that Cannon must be cabined because it exemplifies an “expansive rights-
In order to impose its own preferences as to the availability of judicial remedies, the Court today adopts a methodology that blinds itself to important evidence of congressional intent. It is one thing for the Court to ignore the import of our holding in Cannon, as the breadth of that precedent is a matter upon which reasonable jurists may differ. It is entirely another thing for the majority to ignore the reasoning of that opinion and the evidence contained therein, as those arguments and that evidence speak directly to the question at issue today. As I stated above, see n. 21, supra, Cannon carefully explained that both Title VI and Title IX were intended to benefit a particular class of individuals, that the purposes of the statutes would be furthered rather than frustrated by the implication of a private right of action, and that the legislative histories of the statutes support the conclusion that Congress intended such a right. See also Part IV, infra. Those conclusions and the evidence supporting them continue to have force today.
Similarly, if the majority is genuinely committed to deciphering congressional intent, its unwillingness to even consider evidence as to the context in which Congress legislated is perplexing. Congress does not legislate in a vacuum. As the respondents and the Government suggest, and as we have held several times, the objective manifestations of congressional intent to create a private right of action must be measured in light of the enacting Congress’ expectations as to how the judiciary might evaluate the question. See Thompson v. Thompson, 484 U.S. 174 (1988); Merrill Lynch,
At the time Congress was considering Title VI, it was normal practice for the courts to infer that Congress intended a private right of action whenever it passed a statute designed to protect a particular class that did not contain enforcement mechanisms which would be thwarted by a private remedy. See Merrill Lynch, 456 U.S., at 374-375 (discussing this history). Indeed, the very year Congress adopted Title VI, this Court specifically stated that “it is the duty of the courts to be alert to provide such remedies as are necessary to make effective the congressional purpose.” J. I. Case Co. v. Borak, 377 U.S. 426, 433 (1964). Assuming, as we must, that Congress was fully informed as to the state of the law, the contemporary context presents important evidence as to Congress’ intent — evidence the majority declines to consider.
Ultimately, respect for Congress’ prerogatives is measured in deeds, not words. Today, the Court coins a new rule, holding that a private cause of action to enforce a statute does not encompass a substantive regulation issued to effectuate that statute unless the regulation does nothing more than “authoritatively construe the statute itself.” Ante, at 284.
IV
Beyond its flawed structural analysis of Title VI and an evident antipathy toward implied rights of action, the majority offers little affirmative support for its conclusion that Congress did not intend to create a private remedy for violations of the Title VI regulations.
Second, the Court repeats the argument advanced and rejected in Cannon that the express provision of a fund cutoff remedy “suggests that Congress intended to preclude others.” Ante, at 290. In Cannon, 441 U.S., at 704-708, we carefully explained why the presence of an explicit mechanism to achieve one of the statute’s objectives (ensuring that federal funds are not used “to support discriminatory practices”) does not preclude a conclusion that a private right of action was intended to achieve the statute’s other principal objective (“to provide individual citizens effective protection against those practices”). In support of our analysis, we offered policy arguments, cited evidence from the legislative history, and noted the active support of the relevant agencies. Ibid. In today’s decision, the Court does not grapple
Like much else in its opinion, the present majority’s unwillingness to explain its refusal to find the reasoning in Cannon persuasive suggests that today’s decision is the unconscious product of the majority’s profound distaste for implied causes of action rather than an attempt to discern the intent of the Congress that enacted Title VI of the Civil Rights Act of 1964. Its colorful disclaimer of any interest in “venturing beyond Congress’s intent,” ante, at 287, has a hollow ring.
V
The question the Court answers today was only an open question in the most technical sense. Given the prevailing consensus in the Courts of Appeals, the Court should have declined to take this case. Having granted certiorari, the Court should have answered the question differently by simply according respect to our prior decisions. But most importantly, even if it were to ignore all of our post-1964 writing, the Court should have answered the question differently on the merits.
I respectfully dissent.
Just about every Court of Appeals has either explicitly or implicitly held that a private right of action exists to enforce all of the regulations issued pursuant to Title VI, including the disparate-impact regulations. For decisions holding so most explicitly, see, e. g., Powell v. Ridge, 189 F.3d 387, 400 (CA3 1999); Chester Residents Concerned for Quality Living v. Seif, 132 F. 3d 925, 936-937 (CA3 1997), summarily vacated and remanded, 524 U.S. 974 (1998); David, K. v. Lane, 839 F. 2d 1265, 1274 (CA7 1988); Sandoval v. Hagan, 197 F. 3d 484 (CA11 1999) (case below). See also Latinos Unidos De Chelsea v. Secretary of Housing and Urban Development, 799 F. 2d 774, 785, n. 20 (CA11986); New York Urban League, Inc. v. New York, 71F. 3d 1031, 1036 (CA2 1995); Ferguson v. Charleston, 186 F. 3d 469 (CA4 1999), rev'd on other grounds, ante, p. 67; Castaneda v. Pickard, 781 F. 2d 456, 465, n. 11 (CA5 1986); Buchanan v. Bolivar, 99
Indeed, it would have been remarkable if the majority had offered any disagreement with the concurring analysis as the concurring Justices grounded their argument in well-established principles for determining the availability of remedies under regulations, principles that all but one Member of the Court had endorsed the previous Term. See Mourning v. Family Publications Service, Inc., 411 U.S. 356, 369 (1973); id., at 378 (Douglas, J., joined by Stewart and Rehnquist, JJ., concurring in part and dissenting in part) (agreeing with the majority’s analysis of the regulation in question); but see id., at 383, n. 1 (Powell, J., dissenting) (reserving analysis of the regulation's validity). The other decision the concurring Justices cited for this well-established principle was unanimous and only
See Cannon, 441 U.S., at 687, 699, 702, n. 33, 703, 706, n. 40, 709.
The majority is undoubtedly correct that Cannon was not a case about the substance of Title IX but rather about the remedies available under that statute. Therefore, Cannon cannot stand as a precedent for the proposition either that Title IX and its implementing regulations reach intentional discrimination or that they do not do so. What Cannon did hold is that all the discrimination prohibited by the regulatory scheme
None of the relevant opinions was absolutely dear as to whether it envisioned sudx suits as being brought directly under the statute or under 42 U. S. C. § 1983. However, a dose reading of the opinions leaves little doubt that all of the Justices making up the Guardians majority contemplated the availability of private actions brought directly under the statute. Justice White fairly explidtly rested his condusion on Cannon's holding that an implied right of action exists to enforce the terms of both Title VI and Title IX. Guardians, 463 U. S., at 594-595. Given that fact and the added consideration that his opinion appears to have equally contemplated suits against private and public parties, it is dear that he envisioned the availability of injunctive relief directly under the statute. Justice Marshall's opinion never mentions § 1983 and refers simply to “Title VI actions.” Id., at 625. In addition, his opinion can only be read as contemplating suits on equal terms against both public and private grantees, thus also suggesting that he assumed such suits could be brought directly under the statute. That leaves my opinion. Like Justice White, I made it quite dear that I believed the right to sue to enforce the disparate-impact regulations followed directly from Cannon and, hence, was built directly into the statute. 463 U. S., at 635-636, and n. 1. However, I did also note that, in the alternative, relief would be available in that particular case under §1983.
The Court today cites one sentence in my final footnote in Guardians that it suggests is to the contrary. Ante, at 283 (citing 463 U.S., at 645, n. 18). However, the Court misreads that sentence. In his opinion in Guardians, Justice Powell had stated that he would affirm the judgment for the reasons stated in his dissent in Cannon, see 463 U.S., at 609-610 (opinion concurring in judgment), and that he would also hold that private actions asserting violations of Title VI could not be brought under § 1983, id., at 610, and n. 3. One reason that he advanced in support of these conclusions was his view that the standard of proof in a §1983 action against public officials would differ from the standard in an action against private defendants. Id., at 608, n. 1. In a footnote at the end of my opinion, id., at 645, n. 18, I responded (perhaps inartfully) to Justice
Justice Powell was quite correct in noting that it would be anomalous to assume that Congress would have intended to make it easier to recover from public officials than from private parties. That anomaly, however, does not seem to trouble the majority today.
See n. 5, supra.
See also Bazemore v. Friday, 478 U.S. 385 (1986) (per curiam) (adjudicating on the merits a claim brought under Title VI regulations).
The settled expectations the Court undercuts today derive not only from judicial decisions, but also from the consistent statements and actions of Congress. Congress’ actions over the last two decades reflect a clear understanding of the existence of a private right of action to enforce Title VI and its implementing regulations. In addition to numerous other small-scale amendments, Congress has twice adopted legislation expanding the reach of Title VI. See Civil Rights Restoration Act of 1987, §6, 102 Stat. 31 (codified at 42 U. S. C. §2000d-4a) (expanding definition of “program”); Rehabilitation Act Amendments of 1986, § 1003,100 Stat. 1845 (codified at 42 U. S. C. §2000d-7) (explicitly abrogating States’ Eleventh Amendment immunity in suits under Title VI).
Both of these bills were adopted after this Court’s decisions in Lau, Gannon, and Guardians, and after most of the Courts of Appeals had affirmatively acknowledged an implied private right of action to enforce the disparate-impact regulations. Their legislative histories explicitly reflect the fact that both proponents and opponents of the bills assumed that the full breadth of Title VI (including the disparate-impact regulations promulgated pursuant to it) would be enforceable in private actions. See, e. g., Civil Rights Act of 1984: Hearings on S. 2658 before the Subcommittee on the Constitution of the Senate Committee on the Judiciary, 98th Cong., 2d Sess., 530 (1984) (memo from the Office of Management and Budget objecting to the Civil Rights Restoration Act of 1987 because it would bring more entities within the scope of Title VI, thereby subjecting them to “private lawsuits” to enforce the disparate-impact regulations); id., at 532 (same memo warning of a proliferation of "discriminatory effects” suits by “members of the bar” acting as “private Attorneys General”); 134 Cong. Rec. 4257 (1988) (statement of Sen. Hatch) (arguing that the disparate-impact regulations go too far and noting that that is a particular problem because, “[o]f course, advocacy groups will be able to bring private lawsuits making the same allegations before federal judges”); see also Brief for United States 24, n. 16 (collecting testimony of academics advising Congress that private lawsuits were available to enforce the disparate-impact regulations under existing precedent).
Thus, this case goes well beyond the normal situation in which, “after a comprehensive reeaxmination and significant amendment,” Congress “left intact the statutory provisions under which the federal courts had implied
The remainder of Title VI provides for judicial and administrative review of agency actions taken pursuant to the statute, 42 U. S. C. §2000d-2; imposes certain limitations not at issue in this case, §§2000d-3 to 2000d-4; and defines some of the terms found in the other provisions of the statute, §2000d-4a.
See 42 U.S.C. §2000d-1 (§602) (“Each Federal department and agency which is empowered to extend Federal financial assistance ... is authorized and directed to effectuate the provisions of [§601]... by issuing rules, regulations, or orders of general applicability”).
See, e. g., 110 Cong. Rec. 6543 (1964) (statement of Sen. Humphrey) (“Simple justice requires that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes, or results in racial discrimination”); id., at 1520 (statement of Rep. Geller) (describing §602 as requiring federal agencies to “reexamine” their programs “to make sure that adequate action has been taken to preclude... discrimination”).
It is important, in this context, to note that regulations prohibiting policies that have a disparate impact are not necessarily aimed only— or even primarily — at unintentional discrimination. Many policies whose very intent is to discriminate are framed in a race-neutral manner. It is often difficult to obtain direct evidence of this motivating animus. Therefore, an agency decision to adopt disparate-impact regulations may very well reflect a determination by that agency that substantial intentional discrimination pervades the industry it is charged with regulating but that such discrimination is difficult to prove directly. As I have stated before: “Frequently the most probative evidence of intent will be objective evidence of what actually happened rather than evidence describing the subjective state of mind of the actor.” Washington v. Davis, 426 U. S. 229, 253 (1976) (concurring opinion). On this reading, Title VI
See, e. g., Alexander v. Choate, 469 U.S. 287, 293 (1985) (stating, in dicta, "Title VI itself directly reaeh[es] only instances of intentional discrimination”); Guardians Assn. v. Civil Serv. Comm’n of New York City, 463 U.S. 582 (1983) (in separate opinions, seven Justices indicate that § 601 on its face bars only intentional discrimination).
Of course, those five Justices divided over the application of the Equal Protection Clause — and by extension Title VI — to affirmative action cases. Therefore, it is somewhat strange to treat the opinions of those five Justices in Bakke as constituting a majority for any particular substantive interpretation of Title VI.
The fact that Justices Marshall and White both felt that the opinion they coauthored in Bakke did not resolve the question whether Title VI on its face reaches disparate-impact claims belies the majority’s assertion that Bakke “had drawn precisely that distinction,” ante, at 283, n. 2, much less its implication that it would have been “absurd” to think otherwise, ibid.
In this context, it is worth noting that in a variety of other settings the Court has interpreted similarly ambiguous civil rights provisions to prohibit some policies based on their disparate impact on a protected group. See, e. g., Griggs v. Duke Power Co., 401 U.S. 424, 432 (1971) (Title VII); City of Rome v. United States, 446 U.S. 156, 172-173 (1980) (§5 of the Voting Rights Act); cf. Alexander v. Choate, 469 U.S., at 292-296
In relying on the Chevron doctrine, I do not mean to suggest that our decision in Chevron stated a new rule that requires the wholesale reconsideration of our statutory interpretation precedents. Instead, I continue to adhere to my position in Sullivan v. Everhart, 494 U.S. 83, 103-104, n. 6 (1990) (stating that Chevron merely summarized 'Veil-settled principles”). In suggesting that, with regard to Title VI, we might reconsider whether our prior decisions gave sufficient deference to the agencies’ interpretation of the statute, I do no more than question whether in this particular instance we paid sufficient consideration to those “well-settled principles.”
The legislative history strongly indicates that the Congress that adopted Title VI and the administration that proposed the statute intended that the agencies and departments would utilize the authority granted under § 602 to shape the substantive contours of § 601. For example, during the hearings that preceded the passage of the statute, Attorney General Kennedy agreed that the administrators of the various agencies would have the power to define “what constitutes discrimination” under Title VI and “what acts or omissions are to be forbidden.” Civil Rights — The President's Program, 1963: Hearings before the Senate Committee on the Judiciary, 88th Cong., 1st Sess., 399-400 (1963); see also Civil Rights: Hearings before the House Committee on the Judiciary, 88th Cong., 1st Sess., pt. 4, p. 2740 (1963) (remarks of Attorney General Kennedy) (only after the agencies “establish the rules” will recipients “understand what they can and cannot do”). It was, in fact, concern for this broad delegation that inspired Congress to amend the pending bill to ensure that all regulations issued pursuant to Title VI would have to be approved by the President. See 42 U. S. C. §2000d-l (laying out the requirement); 110 Cong. Rec. 2499 (1964) (remarks of Rep. Lindsay introducing the amendment). For further discussion of this legislative history, see Guardians, 463 U. S., at 615-624 (Marshall, J., dissenting); Abernathy, Title VI and the Constitution: A Regulatory Model for Defining “Discrimination,” 70 Geo. L. J. 1 (1981).
The majority twice suggests that I “be[g] the question” whether a private right of action to enforce Title VI necessarily encompasses a right
The text of the statute contained “an unmistakable focus on the benefited class,” 441 U.S., at 691; its legislative history “rather plainly indicates that Congress intended to create such a remedy,” id., at 694; the legislators’ repeated references to private enforcement of Title VI reflected “their intent with respect to Title IX,” id., at 696-698; and the absence of legislative action to change the prevailing view with respect to Title VI left us with “no doubt that Congress intended to create Title IX remedies comparable to those available under Title VI and that it understood Title VI as authorizing an implied private cause of action for victims of prohibited discrimination,” id., at 703.
We should not overlook the fact that Cannon was decided after the Bakke majority had concluded that the coverage of Title VI was coextensive with the coverage of the Equal Protection Clause.
Like any other type of evidence, contextual evidence may be trumped by other more persuasive evidence. Thus, the fact that, when evaluating older statutes, we have at times reached the conclusion that Congress did not imply a private right of action does not have the significance the majority suggests. Ante, at 287-288.
Only one of this Court’s myriad private right of action cases even hints at such a rule. See Central Bank of Denver, N. A v. First Interstate Bank of Denver, N. A, 511 U.S. 164, 173 (1994). Even that decision, however, does not fully support the majority’s position for two important reasons. First, it is not at all clear that the majority opinion in that case simply held that the regulation in question could not be enforced by private action; the opinion also permits the reading, assumed by the dissent, that the majority was in effect invalidating the regulation in question. Id., at 200 (Stevens, J., dissenting) (“The majority leaves little doubt that the Exchange Act does not even permit the SEC to pursue aiders and
See Guardians, 463 U.S., at 636 (Stevens, J., dissenting) (“It is one thing to conclude, as the Court did in Cannon, that the 1964 Congress, legislating when implied causes of action were the rule rather than the exception, reasonably assumed that the intended beneficiaries of Title VI would be able to vindicate their rights in court. It is quite another thing to believe that the 1964 Congress substantially qualified that assumption but thought it unnecessary to tell the Judiciary about the qualification”).
The majority suggests that its failure to offer such support is irrelevant, because the burden is on the party seeking to establish the existence of an implied right of action. Ante, at 293, n. 8. That response confuses apples and oranges. Undoubtedly, anyone seeking to bring a lawsuit has the burden of establishing that private individuals have the right to bring
Opinion of the Court
delivered the opinion of the Court.
This case presents the question whether private individuals may sue to enforce disparate-impact regulations promulgated under Title VI of the Civil Rights Act of 1964.
I
The Alabama Department of Public Safety (Department), of which petitioner James Alexander is the director, accepted grants of financial assistance from the United States Department of Justice (DOJ) and Department of Transportation (DOT) and so subjected itself to the restrictions of Title VI of the Civil Rights Act of 1964, 78 Stat. 252, as amended, 42 U. S. C. §2000d et seq. Section 601 of that Title provides that no person shall, “on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity” covered by Title VI. 42 U. S. C. § 2000d. Section 602 authorizes federal agencies “to effectuate the provisions of [§ 601]... by issuing rules, regulations, or orders of general applicability,” 42 U. S. C. §2000d-l, and the DOJ in an exercise of this authority promulgated a regulation forbidding funding recipients to “utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin....” 28 CPR § 42.104(b)(2) (2000). See also 49 CPR § 21.5(b)(2) (2000) (similar DOT regulation).
The State of Alabama amended its Constitution in 1990 to declare English “the official language of the state of
We do not inquire here whether the DOJ regulation was authorized by § 602, or whether the courts below were correct to hold that the English-only policy had the effect of discriminating on the basis of national origin. The petition for writ of certiorari raised, and we agreed to review, only the question posed in the first paragraph of this opinion: whether there is a private cause of action to enforce the regulation. 530 U. S. 1305 (2000).
II
Although Title VI has often come to this Court, it is fair to say (indeed, perhaps an understatement) that our opinions have not eliminated all uncertainty regarding its commands. For purposes of the present ease, however, it is clear from our decisions, from Congress’s amendments of Title VI, and from the parties’ concessions that three aspects of Title VI must be taken as given. First, private individuals may sue to enforce §601 of Title VI and obtain both injunctive relief and damages. In Cannon v. University of Chicago, 441
Second, it is similarly beyond dispute — and no party disagrees — that § 601 prohibits only intentional discrimination. In Regents of Univ. of Cal. v. Bakke, 438 U.S. 265 (1978), the Court reviewed a decision of the California Supreme Court that had enjoined the University of California Medical School from “according any consideration to race in its admissions process.” Id., at 272. Essential to the Court’s holding reversing that aspect of the California court’s decision was the determination that §601 “proscribe[s] only those racial classifications that would violate the Equal Pro-
Third, we must assume for purposes of deciding this case that regulations promulgated under §602 of Title VI may validly proscribe activities that have a disparate impact on racial groups, even though such activities are permissible under § 601. Though no opinion of this Court has held that, five Justices in Guardians voiced that view of the law at
Respondents assert that the issue in this case, like the first two described above, has been resolved by our eases. To reject a private cause of action to enforce the disparate-impact regulations, they say, we would “[have] to ignore the actual language of Guardians and Cannon.” Brief for Respondents 13. The language in Cannon to which respondents refer does not in fact support their position, as we shall discuss at length below, see infra, at 288-290. But in any event, this Court is bound by holdings, not language. Cannon was decided on the assumption that the University of Chicago had intentionally discriminated against petitioner. See 441 U. S., at 680 (noting that respondents “admitted ar-guendo” that petitioner’s “applications for admission to medical school were denied by the respondents because she is a woman”). It therefore held that Title IX created a private right of action to enforce its ban on intentional discrimination, but had no occasion to consider whether the right reached regulations barring disparate-impact discrimination.
Nor does it follow straightaway from the three points we have taken as given that Congress must have intended a private right of action to enforce disparate-impact regulations. We do not doubt that regulations applying § 601’s ban on intentional discrimination are covered by the cause of action to enforce that section. Such regulations, if valid and reasonable, authoritatively construe the statute itself, see NationsBank of N. C., N. A. v. Variable Annuity Life Ins. Co., 513 U. S. 251, 257 (1995); Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843-844 (1984), and it is therefore meaningless to talk about a separate cause of action to enforce the regulations apart from the statute. A Congress that intends the statute to be enforced through a private cause of action intends the authoritative interpretation of the statute to be so enforced as well. The many cases that respondents say have “assumed” that a cause of action to enforce a statute includes one to enforce its regulations illustrate (to the extent that eases in which an issue was not presented can illustrate anything) only this point; each involved regulations of the type we have just described, as respondents conceded at oral argument, Tr. of Oral Arg. 33. See National Collegiate Athletic Assn. v. Smith, 525 U. S. 459, 468 (1999) (regulation defining who is a “recipient” under Title IX); School Bd. of Nassau Cty. v. Arline, 480 U.S. 273, 279-281 (1987) (regulations defining the terms “physical impairment” and “major life activities” in § 504 of the Rehabilitation Act of 1973); Bazemore v. Friday, 478 U.S. 385, 408-409 (1986) (White, J., joined by four other
We must face now the question avoided by Lau, because we have since rejected Lau’s interpretation of § 601 as reaching beyond intentional discrimination. See supra, at 280-281. It is clear now that the disparate-impact regulations do not simply apply § 601 — since they indeed forbid conduct that § 601 permits — and therefore clear that the private right of action to enforce § 601 does not include a private right to enforce these regulations. See Central Bank of Denver,
Implicit in our discussion thus far has been a particular understanding of the genesis of private causes of action. Like substantive federal law itself, private rights of action to enforce federal law must be created by Congress. Touche Boss & Co. v. Bedington, 442 U. S. 560, 578 (1979) (remedies available are those “that Congress enacted into law”). The judicial task is to interpret the statute Congress has passed to determine whether it displays an intent to create not just a private right but also a private remedy. Transamerica Mortgage Advisors, Inc. v. Lewis, 444 U.S. 11, 15 (1979). Statutory intent on this latter point is determinative. See, e. g., Virginia Bankshares, Inc. v. Sandberg, 501 U.S. 1083, 1102 (1991); Merrell Dow Pharmaceuticals Inc. v. Thompson, 478 U.S. 804, 812, n. 9 (1986) (collecting cases). Without it, a cause of action does not exist and courts may not
Respondents would have us revert in this case to the understanding of private causes of action that held sway 40 years ago when Title VI was enacted. That understanding is captured by the Court’s statement in J. I. Case Co. v. Borak, 377 U.S. 426, 433 (1964), that “it is the duty of the courts to be alert to provide such remedies as are necessary to make effective the congressional purpose” expressed by a statute. We abandoned that understanding in Cort v. Ash, 422 U.S. 66, 78 (1975) — which itself interpreted a statute enacted under the anden regime — and have not returned to it since. Not even when interpreting the same Securities Exchange Act of 1934 that was at issue in Borak have we applied Borak’s method for discerning and defining causes of action. See Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., supra, at 188; Musick, Peeler & Garrett v. Employers Ins. of Wausau, 508 U.S. 286, 291-293 (1993); Virginia Bankshares, Inc. v. Sandberg, supra, at 1102-1103; Touche Ross & Co. v. Redington, supra, at 576-578. Having sworn off the habit of venturing beyond Congress’s intent, we will not accept respondents’ invitation to have one last drink.
Nor do we agree with the Government that our cases interpreting statutes enacted prior to Cort v. Ash have given “dispositive weight” to the “expectations” that the enacting Congress had formed “in light of the ‘contemporary legal
We therefore begin (and find that we can end) our search for Congress’s intent with the text and structure of Title VI.
Nor do the methods that §602 goes on to provide for enforcing its authorized regulations manifest an intent to create a private remedy; if anything, they suggest the opposite. Section 602 empowers agencies to enforce their regulations either by terminating funding to the “particular program, or part thereof,” that has violated the regulation or “by any other means authorized by law,” 42 U. S. C. §2000d-l. No enforcement action may be taken, however, “until the department or ageney concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means.” Ibid. And every agency enforcement action is subject to judicial review. §2000d-2. If an ageney attempts to terminate program funding, still
Both the Government and respondents argue that the regulations contain rights-ereating language and so must be privately enforceable, see Brief for United States 19-20; Brief for Respondents 31, but that argument skips an analytical step. Language in a regulation may invoke a private right of action that Congress through statutory text created, but it may not create a right that Congress has not. Touche Ross & Co. v. Redington, 442 U.S., at 577, n. 18 ("[T]he language of the statute and not the rules must control”). Thus, when a statute has provided a general authorization for private enforcement of regulations, it may perhaps be correct that the intent displayed in each regulation can determine whether or not it is privately enforceable. But it is most eertainly incorrect to say that language in a regulation can conjure up a private cause of action that has not been authorized by Congress. Agencies may play the sorcerer’s apprentice but not the sorcerer himself.
The last string to respondents’ and the Government’s bow is their argument that two amendments to Title VI "ratified” this Court’s decisions finding an implied private right of action to enforce the disparate-impact regulations. See Rehabilitation Act Amendments of 1986, § 1003, 42 U. S. C. §2000d-7; Civil Rights Restoration Act of 1987, § 6,102 Stat. 31,42 U. S. C. §2000d-4a. One problem with this argument is that, as explained above, none of our decisions establishes (or even assumes) the private right of action at issue here, see supra, at 282-285, which is why in Guardians three Justices were able expressly to reserve the question. See 463 U. S., at 645, n. 18 (Stevens, J., dissenting). Incorporating
Neither as originally enacted nor as later amended does Title VI display an intent to create a freestanding private right of action to enforce regulations promulgated under § 602.
The judgment of the Court of Appeals is reversed.
It is so ordered.
Since the parties do not dispute this point, it is puzzling to see JUSTICE Stevens go out of his way to disparage the decisions in Regents of Univ. of Cal. v. Bakke, 438 U. S. 265 (1978), and Guardians Assn. v. Civil Serv. Comm’n of New York City, 463 U.S. 582 (1983), as “somewhat haphazard,” post, at 307 (dissenting opinion), particularly since he had already accorded stare decisis effect to the former 18 years ago, see Guardians, 463 U. S., at 639-642 (dissenting opinion), and since he participated in creating the latter, see ibid. Nor does Justice Stevens’s reliance on Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984), see post, at 309-310, explain his about-face, since he expressly reaffirms, see post, at 309, n. 18, the settled principle that decisions of this Court dedaring the meaning of statutes prior to Chevron need not be reconsidered after Chevron in light of agency regulations that were already in foree when our decisions were issued, Lechmere, Inc. v. NLRB, 502 U. S. 527, 536-537 (1992); Maislin Industries, U.S., Inc. v. Primary Steel, Inc., 497 U.S. 116, 131 (1990); see also Sullivan v. Everhart, 494 U. S. 83,103-104, n. 6 (1990) (Stevens, J., dissenting) (“It is, of course, of no importance that [an opinion] predates Chevron.... As we made dear in Chevron, the interpretive maxims summarized therein were Veil-settled prindples’ ”).
Although the dissent acknowledges that “the breadth of [Cannon’s^ precedent is a matter upon which reasonable jurists may differ,” post, at 313, it disagrees with our reading of Cannon’s holding because it thinks
We of course accept the statement by the author of the dissent that he “thought” at the time of Guardians that disparate-impact regulations could be enforced “in an implied action against private parties,” post, at 301, n. 6. But we have the better interpretation of what our colleague wrote in Guardians. In the closing section of his opinion, Justice Stevens concluded that because respondents in that case had “violated the petitioners’ rights under [the] regulations... [t]he petitioners were therefore entitled to the compensation they sought under 42 U. S. C. § 1983 and were awarded by the District Court.” 463 U. S., at 645. The passage omits any mention of a direct private right of action to enforce the regulations, and the footnote we have quoted in text — which appears immedi
Ultimately, the dissent agrees that “the holding in Guardians does not compel the condusion that a private right of action exists to enforce the Title VI regulations against private parties ...Post, at 301.
It is true, as the dissent points out, see post, at 296, that three Justices who concurred in the result in Lau relied on regulations promulgated under §602 to support their position, see 414 U.S., at 570-571 (Stewart, J., concurring in result). But the five Justices who made up the majority did not, and their holding is not made coextensive with the concurrence because their opinion does not expressly preclude (is “consistent with,” see post, at 296) the concurrence’s approach. The Court would be in an odd predicament if a concurring minority of the Justices could force the majority to address a point they found it unnecessary (and did not wish) to address, under compulsion of Justice Stevens’s new principle that silence implies agreement.
For this reason, the dissent's extended discussion of the scope of agencies’ regulatory authority under § 602, see post, at 805-307, is beside the point. We cannot help observing, however, how strange it is to say that disparate-impact regulations are "inspired by, at the service of, and inseparably intertwined with” §601, post, at 307, when §601 permits the very behavior that the regulations forbid. See Guardians, 463 U.S., at 613 (O’Connor, J., concurring in judgment) (“If, as five Members of the Court concluded in Bakke, the purpose of Title VI is to proscribe only purposeful discrimination ..., regulations that would proscribe conduct by the recipient having only a discriminatory effect ... do not simply 'further’ the purpose of Title VI; they go well beyond that purpose”).
Although the dissent claims that we “adop[t] a methodology that blinds itself to important evidence of congressional intent,” see post, at 313, our methodology is not novel, but well established in earlier decisions (including one authored by Justice Stevens, see Northwest Airlines, Inc. v. Transport Workers, 451 U.S. 77, 94, n. 31 (1981)), which explain that the interpretive inquiry begins with the text and structure of the statute, see id., at 91, and ends once it has become dear that Congress did not provide a cause of action.
The dissent complains that we “offe[r] little affirmative support” for this conclusion. Post, at 315. But as Justice Stevens has previously recognized in an opinion for the Court, “affirmative” evidence of congressional intent must be provided for an implied remedy, not against it, for without such intent “the essential predicate for implication of a private remedy simply does not exist,” Northwest Airlines, Inc., 451 U.S., at 94. The dissent’s assertion that “respondents have marshaled substantial affirmative evidence that a private right of action exists to enforce Title VI and the regulations validly promulgated thereunder,” post, at 316, n. 26 (second emphasis added), once again begs the question whether authorization of a private right of action to enforce a statute constitutes authorization of a private right of action to enforce regulations that go beyond what the statute itself requires.
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