Knowledge (XXG)

Alexander v. Sandoval

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description of her claim, there is not a word in the text of the opinion even suggesting that she had made the improbable allegation that the University of Chicago and Northwestern University had intentionally discriminated against women. In the context of the entire opinion (including both its analysis and its uncontested description of the facts of the case), that single ambiguous phrase provides no basis for limiting the case’s holding to incidents of intentional discrimination. If anything, the fact that the phrase "because she is a woman" encompasses both intentional and disparate impact claims should have made it clear that the reasoning in the opinion was equally applicable to both types of claims. In any event, the holding of the case certainly applied to the disparate impact claim that was described in detail in footnote 1 of the opinion.
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essentially two reasons for its position. First, it attaches significance to the fact that the "rights-creating" language in § 601 that defines the classes protected by the statute is not repeated in § 602. But, of course, there was no reason to put that language in § 602 because it is perfectly obvious that the regulations authorized by § 602 must be designed to protect precisely the same people protected by § 601. Moreover, it is self-evident that, linguistic niceties notwithstanding, any statutory provision whose stated purpose is to “effectuate” the eradication of racial and ethnic discrimination has as its "focus" those individuals who, absent such legislation, would be subject to discrimination. Second, the Court repeats the argument advanced and rejected in
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relied on for its holding, was absent from section 602. The Court pointed out that section 602, by specifying that the federal government could cut off funding to a program which violated regulations, expressly provided for "one method of enforcing" those regulations. It concluded that this "express
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was decided on the assumption that the University of Chicago had engaged in intentional discrimination, and hence the holding of case applied only to intentional discrimination. The Court asserted that "this Court is bound by holdings, not language." Therefore, from the majority's point of view, the
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Alabama's policy of giving the tests for driver's licenses in English only. She argued that the policy had a disparate impact on those born outside the United States because it denied non-English-speakers, who are disproportionately born outside the US, the opportunity to obtain driver's licenses.
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Sandoval sued under Title VI of the Civil Rights Act of 1964. Two sections of Title VI would prove important to her lawsuit. The first was section 601, which prohibits discrimination on the basis of "race, color, or national origin" by programs or agencies that receive federal funding, such as the
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According to her complaints, petitioner was qualified to attend both of the respondent medical schools based on both objective (i.e., grade-point average and test scores) and subjective criteria. In fact, both schools admitted some persons to the classes to which she applied despite the fact that
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The Court then turned to the question that was at issue in the case: whether the disparate-impact regulation that Sandoval invoked created an implied private right of action. The Court rejected the argument, put forward both by Sandoval and by Justice Stevens's dissenting opinion, that because
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In providing a shorthand description of her claim in the text of the opinion, we ambiguously stated that she had alleged that she was denied admission "because she is a woman," but we appended a lengthy footnote setting forth the details of her disparate impact claim. Other than the shorthand
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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. The Court offers
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Because the incidence of interrupted higher education is higher among women than among men, it is further claimed, the age and advanced-degree criteria operate to exclude women from consideration even though the criteria are not valid predictors of success in medical schools or in medical
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The Court then examined section 602, the section of Title VI under which the disparate-impact regulation was promulgated, to determine whether it created an implied private right of action. It began by noting that certain "rights-creating" language that was present in section 601 and
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Then, the Court noted that "it is beyond dispute" and that "no party disagrees" that section 601 prohibits only intentional discrimination but does not prohibit activities with a disparate impact on certain races, colors, or nationalities.
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Finally, the Court said it would assume for purposes of deciding the case that regulations promulgated under section 602 of Title VI may validly prohibit actions that have a disparate impact on certain races, colors, or national origins.
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provision of one method" of enforcement "suggests that Congress intended to preclude others," such as a private right of action. It, therefore, held that Sandoval had no private right of action under the disparate-impact regulation.
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Both medical schools receive federal aid, and both have policies against admitting applicants who are more than 30 years old (petitioner was 39 years old at the time she applied), at least if they do not have advanced degrees....
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had agreed that disparate-impact regulations promulgated under Title VI were valid, a majority of the Justices had not decided that those regulations were enforceable by private plaintiffs.
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held that Title IX and, by extension Title VI, create a private right of action to enjoin policies that create a disparate impact. Both Sandoval and Justice Stevens relied on a footnote in
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agreed with Sandoval that she had a private right of action and agreed that Alabama's policy was discriminatory under Title VI. The court therefore enjoined the policy.
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The state defendants, however, argued that the regulation under which Sandoval was suing them did not include what is called an "implied private right of action," a
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of the Education Amendments of 1972, which is identical to Title VI but applies to gender-based discrimination, contained an implied private right of action. Under
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James Alexander, Director, Alabama Department of Public Safety, et al., Petitioners v. Martha Sandoval, individually and on behalf of all others similarly situated
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not expressly created by a statute or regulation but one that a court has interpreted the statute or regulation to create implicitly.
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under section 602. The regulation prohibited agencies and programs receiving federal funding from taking actions that had a
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First of all, "it is clear" that section 601 of title VI contained an implied private right of action. The Court held that
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There is no private right of action to enforce disparate-impact regulations promulgated under Title VI of the
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that the express provision of a fund cut-off remedy "suggests that Congress intended to preclude others."
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His response to the majority's account of the relation between sections 601 and 602 was as follows:
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on "only the question whether there a private cause of action to enforce the regulation."
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plaintiff challenged was "to exclude women from consideration." The Court responded that
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Alabama Department of Public Safety. The other was section 602, which authorizes federal
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those persons had less impressive objective qualifications than she did.
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United States District Court for the Middle District of Alabama cases
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Plaintiff Martha Sandoval sued Alexander and other defendants in the
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on persons of a certain race, color, or nationality. She sought to
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and claimed that the English-only test policy was discriminatory.
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United States District Court for the Middle District of Alabama
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United States Supreme Court cases of the Rehnquist Court
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United States Court of Appeals for the Eleventh Circuit
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In her lawsuit, Sandoval invoked a regulation that the
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Latinos and American Law: Landmark Supreme Court Cases
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Scalia, joined by Rehnquist, O'Connor, Kennedy, Thomas
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rules, regulations or orders of general applicability
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added an amendment to its state constitution to make
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( 8: 787:, 532 U.S. at 298 (Stevens, J., dissenting). 263:Stevens, joined by Souter, Ginsburg, Breyer 927:Implied statutory cause of action case law 459:The Court also rejected the argument that 20: 290:decision that a regulation enacted under 394:The Court's opinion, written by Justice 292:Title VI of the Civil Rights Act of 1964 274:Title VI of the Civil Rights Act of 1964 538: 378:The state defendants then appealed to 18:2001 United States Supreme Court case 7: 288:Supreme Court of the United States 36:Supreme Court of the United States 14: 917:United States Supreme Court cases 858:275 (2001) is available from: 609:28 C.F.R. § 42.104(b)(2) (2000). 29: 545:42 U.S.C. §§ 2000-d to 2000d-7. 404:Cannon v. University of Chicago 932:2001 in United States case law 456:did not include the footnote. 1: 286:, 532 U.S. 275 (2001), was a 813:Soltero, Carlos R. (2006). 694:The disputed footnote from 435:involved disparate impact, 958: 899:Oyez (oral argument audio) 698:reads in pertinent part: 272: 180: 166: 28: 490:In his dissent, Justice 346:US Department of Justice 169:Civil Rights Act of 1964 527:Implied cause of action 296:private right of action 43:Argued January 16, 2001 712: 518: 505: 157:1065 (11th Cir. 2001). 45:Decided April 24, 2001 848:Alexander v. Sandoval 817:Alexander v. Sandoval 763:, 532 U.S. at 289-90. 751:, 532 U.S. at 288-89. 714:441 U.S. at 680 n.2. 555:Alexander v. Sandoval 509: 500: 498:decision as follows: 283:Alexander v. Sandoval 78:121 S. Ct. 1511; 149 24:Alexander v. Sandoval 628:197 F.3d 484 890:Library of Congress 231:Ruth Bader Ginsburg 203:Sandra Day O'Connor 775:, 532 U.S. at 290. 739:, 532 U.S. at 283. 727:, 532 U.S. at 282. 685:, 532 U.S. at 281. 673:, 532 U.S. at 280. 649:, 532 U.S. at 279. 294:did not include a 191:Associate Justices 937:Language case law 623:Sandoval v. Hagan 407:was controlling. 320:official language 279: 278: 187:William Rehnquist 105:Sandoval v. Hagan 949: 903: 897: 894: 888: 885: 879: 876: 870: 867: 861: 836: 800: 794: 788: 782: 776: 770: 764: 758: 752: 746: 740: 734: 728: 722: 716: 692: 686: 680: 674: 668: 662: 656: 650: 644: 635: 625: 616: 610: 607: 601: 591: 585: 575: 569: 552: 546: 543: 354:disparate impact 300:disparate impact 176:Court membership 145:1305 (2000). 33: 32: 21: 957: 956: 952: 951: 950: 948: 947: 946: 907: 906: 901: 895: 892: 886: 883: 877: 874: 868: 865: 859: 843: 833: 812: 809: 807:Further reading 804: 803: 795: 791: 783: 779: 771: 767: 759: 755: 747: 743: 735: 731: 723: 719: 693: 689: 681: 677: 669: 665: 657: 653: 645: 638: 621: 617: 613: 608: 604: 592: 588: 576: 572: 553: 549: 544: 540: 535: 523: 488: 392: 366:cause of action 308: 229: 227:Clarence Thomas 217: 215:Anthony Kennedy 205: 195:John P. Stevens 91: 44: 38: 19: 12: 11: 5: 955: 953: 945: 944: 939: 934: 929: 924: 919: 909: 908: 905: 904: 872:Google Scholar 842: 841:External links 839: 838: 837: 831: 808: 805: 802: 801: 789: 777: 765: 753: 741: 729: 717: 687: 675: 663: 651: 636: 611: 602: 598:§ 2000d-1 594:42 U.S.C. 586: 578:42 U.S.C. 570: 547: 537: 536: 534: 531: 530: 529: 522: 519: 494:explained the 487: 484: 391: 388: 373:district court 307: 304: 277: 276: 270: 269: 265: 264: 261: 257: 256: 253: 249: 248: 244: 243: 242: 241: 239:Stephen Breyer 207:Antonin Scalia 192: 189: 184: 178: 177: 173: 172: 164: 163: 159: 158: 151: 147: 146: 102: 98: 97: 93: 92: 77: 61: 57: 56: 51: 50:Full case name 47: 46: 40: 39: 34: 26: 25: 17: 13: 10: 9: 6: 4: 3: 2: 954: 943: 940: 938: 935: 933: 930: 928: 925: 923: 920: 918: 915: 914: 912: 900: 891: 882: 873: 864: 857: 853: 849: 845: 844: 840: 834: 832:0-292-71411-4 828: 824: 820: 818: 811: 810: 806: 798: 793: 790: 786: 781: 778: 774: 769: 766: 762: 757: 754: 750: 745: 742: 738: 733: 730: 726: 721: 718: 715: 711: 707: 703: 697: 691: 688: 684: 679: 676: 672: 667: 664: 660: 655: 652: 648: 643: 641: 637: 633: 629: 624: 620: 615: 612: 606: 603: 599: 595: 590: 587: 583: 579: 574: 571: 567: 564: 560: 556: 551: 548: 542: 539: 532: 528: 525: 524: 520: 517: 515: 508: 504: 499: 497: 493: 485: 483: 480: 474: 472: 468: 464: 463: 457: 455: 450: 446: 442: 438: 434: 428: 424: 420: 418: 414: 410: 406: 405: 399: 397: 389: 387: 385: 381: 376: 374: 369: 367: 362: 359: 355: 351: 347: 342: 340: 336: 330: 328: 323: 321: 317: 313: 305: 303: 301: 297: 293: 289: 285: 284: 275: 271: 266: 262: 258: 254: 250: 247:Case opinions 245: 240: 236: 232: 228: 224: 220: 216: 212: 208: 204: 200: 196: 193: 190: 188: 185: 183:Chief Justice 182: 181: 179: 174: 170: 165: 160: 156: 152: 148: 144: 140: 136: 135:cert. granted 132: 128: 125: 121: 117: 113: 110: 106: 103: 99: 94: 89: 85: 81: 75: 74: 69: 66: 62: 58: 55: 52: 48: 41: 37: 27: 22: 16: 847: 822: 816: 796: 792: 784: 780: 772: 768: 760: 756: 748: 744: 736: 732: 724: 720: 713: 708: 704: 700: 695: 690: 682: 678: 670: 666: 658: 654: 646: 622: 618: 614: 605: 589: 582:§ 2000d 573: 568: (2001). 554: 550: 541: 513: 510: 506: 501: 495: 489: 478: 475: 470: 466: 460: 458: 453: 448: 444: 440: 436: 432: 429: 425: 421: 416: 408: 402: 400: 393: 377: 370: 363: 343: 331: 324: 318:the state's 309: 282: 281: 280: 268:Laws applied 234: 222: 219:David Souter 210: 198: 134: 119: 104: 96:Case history 71: 53: 15: 634: 1999). 452:holding of 350:promulgated 109:F. Supp. 2d 911:Categories 533:References 411:held that 384:certiorari 306:Background 150:Subsequent 84:U.S. LEXIS 82:517; 2001 797:Alexander 785:Alexander 773:Alexander 761:Alexander 749:Alexander 737:Alexander 725:Alexander 710:practice. 683:Alexander 671:Alexander 659:Alexander 647:Alexander 632:11th Cir. 471:Guardians 310:In 1990, 131:11th Cir. 116:M.D. Ala. 80:L. Ed. 2d 60:Citations 846:Text of 521:See also 467:Sandoval 413:Title IX 390:Decision 335:agencies 252:Majority 863:Findlaw 492:Stevens 486:Dissent 316:English 312:Alabama 260:Dissent 162:Holding 133:1999), 118:1998), 902:  896:  893:  887:  884:  881:Justia 878:  875:  869:  866:  860:  829:  696:Cannon 630: ( 626:, 596:  580:  557:, 514:Cannon 496:Cannon 479:Cannon 454:Cannon 449:Cannon 445:Cannon 441:Cannon 437:Cannon 433:Cannon 417:Cannon 409:Cannon 396:Scalia 358:enjoin 237: 235:· 233:  225: 223:· 221:  213: 211:· 209:  201: 199:· 197:  122:, 197 854: 561: 141: 120:aff'd 101:Prior 856:U.S. 827:ISBN 563:U.S. 371:The 348:had 155:F.3d 153:268 143:U.S. 124:F.3d 112:1234 107:, 7 73:more 65:U.S. 63:532 852:532 619:See 566:275 559:532 341:." 139:530 127:484 88:CCH 68:275 913:: 850:, 821:. 639:^ 302:. 137:, 835:. 815:" 600:. 584:. 171:. 129:( 114:( 76:) 70:(

Index

Supreme Court of the United States
U.S.
275
more
L. Ed. 2d
U.S. LEXIS
CCH
F. Supp. 2d
1234
M.D. Ala.
F.3d
484
11th Cir.
530
U.S.
F.3d
Civil Rights Act of 1964
William Rehnquist
John P. Stevens
Sandra Day O'Connor
Antonin Scalia
Anthony Kennedy
David Souter
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Title VI of the Civil Rights Act of 1964
Supreme Court of the United States
Title VI of the Civil Rights Act of 1964
private right of action

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