Constitutional Law Cases: Rehnquist Court
2000
ALEXANDER, DIRECTOR, ALABAMA DEPARTMENT OF PUBLIC SAFETY, et al. v. SANDOVAL,
 individually and on behalf of all others similarly situated certiorari to the united
                  states court of appeals for the eleventh circuit
               
               No. 99-1908.
Argued January 16, 2001
Decided April 24, 2001
 As a recipient of federal financial assistance, the Alabama Department of Public
                  Safety (Department), of which petitioner Alexander is the Director, is subject to
                  Title VI of the Civil Rights Act of 1964. Section 601 of that Title prohibits discrimination
                  based on race, color, or national origin in covered programs and activities. Section
                  602 authorizes federal agencies to effectuate §601 by issuing regulations, and the
                  Department of Justice (DOJ) in an exercise of this authority promulgated a regulation
                  forbidding funding recipients to utilize criteria or administrative methods having
                  the effect of subjecting individuals to discrimination based on the prohibited grounds.
                  Respondent Sandoval brought this class action to enjoin the Department's decision
                  to administer state driver's license examinations only in English, arguing that it
                  violated the DOJ regulation because it had the effect of subjecting non-English speakers
                  to discrimination based on their national origin. Agreeing, the District Court enjoined
                  the policy and ordered the Department to accommodate non-English speakers. The Eleventh
                  Circuit affirmed. Both courts rejected petitioners' argument that Title VI did not
                  provide respondents a cause of action to enforce the regulation.
 Held: There is no private right of action to enforce disparate-impact regulations
                  promulgated under Title VI. Pp. 3-17.
 (a) Three aspects of Title VI must be taken as given. First, private individuals
                  may sue to enforce §601. See, e.g., Cannon v. University of Chicago, 441 U. S. 677,
                  694, 696, 699, 703, 710-711. Second, §601 prohibits only intentional discrimination.
                  See, e.g., Alexander v. Choate, 469 U. S. 287, 293. Third, it must be assumed for
                  purposes of deciding this case that regulations promulgated under §602 may validly
                  proscribe activities that have a disparate impact on racial groups, even though such
                  activities are permissible under §601. Pp. 3-5.
 (b) This Court has not, however, held that Title VI disparate-impact regulations
                  may be enforced through a private right of action. Cannon was decided on the assumption
                  that the respondent there had intentionally discriminated against the petitioner,
                  see 441 U. S., at 680. In Guardians Assn. v. Civil Serv. Comm'n of New York City,
                  463 U. S. 582, the Court held that private individuals could not recover compensatory
                  damages under Title VI except for intentional discrimination. Of the five Justices
                  who also voted to uphold disparate-impact regulations, three expressly reserved the
                  question of a direct private right of action to enforce them, 463 U. S., at 645, n.
                  18. Pp. 5-7.
 (c) Nor does it follow from the three points taken as given that Congress must have
                  intended such a private right of action. There is no doubt that regulations applying
                  §601's ban on intentional discrimination are covered by the cause of action to enforce
                  that section. But the disparate-impact regulations do not simply apply §601--since
                  they forbid conduct that §601 permits--and thus the private right of action to enforce
                  §601 does not include a private right to enforce these regulations. See Central Bank
                  of Denver, N. A. v. First Interstate Bank of Denver, N. A., 511 U. S. 164, 173. That
                  right must come, if at all, from the independent force of §602. Pp. 7-10.
 (d) Like substantive federal law itself, private rights of action to enforce federal
                  law must be created by Congress. Touche Ross & Co. v. Redington, 442 U. S. 560, 578.
                  This Court will not revert to the understanding of private causes of action, represented
                  by J. I. Case Co. v. Borak, 377 U. S. 426, 433, that held sway when Title VI was enacted.
                  That understanding was abandoned in Cort v. Ash, 422 U. S. 66, 78. Nor does the Court
                  agree with the Government's contention that 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 context. Merrill Lynch, Pierce,
                  Fenner & Smith, Inc. v. Curran, 456 U. S. 353, 378-379; Cannon, supra, at 698-699;
                  and Thompson v. Thompson, 484 U. S. 174, distinguished. Pp. 10-12.
 (e) The search for Congress's intent in this case begins and ends with Title VI's
                  text and structure. The "rights-creating" language so critical to Cannon's §601 analysis,
                  441 U. S., at 690, n. 13, is completely absent from §602. Whereas §601 decrees that
                  "[n]o person ... shall ... be subjected to discrimination," §602 limits federal agencies
                  to "effectuat[ing]" rights created by §601. And §602 focuses neither on the individuals
                  protected nor even on the funding recipients being regulated, but on the regulating
                  agencies. Hence, there is far less reason to infer a private remedy in favor of individual
                  persons, Cannon, supra, at 690-691. The methods §602 expressly provides for enforcing
                  its regulations, which place elaborate restrictions on agency enforcement, also suggest
                  a congressional intent not to create a private remedy through §602. See, e.g., Karahalios
                  v. Federal Employees, 489 U. S. 527, 533. Pp. 12-15.
 (f) The Court rejects arguments that the regulations at issue contain rights-creating
                  language and so must be privately enforceable; that amendments to Title VI in §1003
                  of the Rehabilitation Act Amendments of 1986 and §6 of the Civil Rights Restoration
                  Act of 1987 "ratified" decisions finding an implied private right of action to enforce
                  the regulations; and that the congressional intent to create a right of action must
                  be inferred under Curran, supra, at 353, 381-382. Pp. 15-17.
 197 F. 3d 484, reversed.
 Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor,
                  Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which
                  Souter, Ginsburg, and Breyer, JJ., joined.
 
 JAMES ALEXANDER, DIRECTOR, ALABAMA DEPART-
 MENT OF PUBLIC SAFETY, et al., PETITIONERS
 v. MARTHA SANDOVAL, individually and on
 behalf of all others similarly situated
 on writ of certiorari to the united states court of
 appeals for the eleventh circuit
 [April 24, 2001]
 
 Justice Scalia 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-1, 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 CFR §42.104(b)(2)
                  (1999). See also 49 CFR §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 Alabama." Amdt. 509. Pursuant to this provision and, petitioners
                  have argued, to advance public safety, the Department decided to administer state
                  driver's license examinations only in English. Respondent Sandoval, as representative
                  of a class, brought suit in the United States District Court for the Middle District
                  of Alabama to enjoin the English-only policy, arguing that it violated the DOJ regulation
                  because it had the effect of subjecting non-English speakers to discrimination based
                  on their national origin. The District Court agreed. It enjoined the policy and ordered
                  the Department to accommodate non-English speakers. Sandoval v. Hagan, 7 F. Supp.
                  2d 1234 (1998). Petitioners appealed to the Court of Appeals for the Eleventh Circuit,
                  which affirmed. Sandoval v. Hagan, 197 F. 3d 484 (1999). Both courts rejected petitioners'
                  argument that Title VI did not provide respondents a cause of action to enforce the
                  regulation.
 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 case, 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 U. S. 677 (1979), the Court held that a private right
                  of action existed to enforce Title IX of the Education Amendments of 1972, 86 Stat.
                  373, as amended, 20 U. S. C. §1681 et seq. The reasoning of that decision embraced
                  the existence of a private right to enforce Title VI as well. "Title IX," the Court
                  noted, "was patterned after Title VI of the Civil Rights Act of 1964." 441 U. S.,
                  at 694. And, "[i]n 1972 when Title IX was enacted, the [parallel] language in Title
                  VI had already been construed as creating a private remedy." Id., at 696. That meant,
                  the Court reasoned, that Congress had intended Title IX, like Title VI, to provide
                  a private cause of action. Id., at 699, 703, 710-711. Congress has since ratified
                  Cannon's holding. Section 1003 of the Rehabilitation Act Amendments of 1986, 100 Stat.
                  1845, 42 U. S. C. §2000d-7, expressly abrogated States' sovereign immunity against
                  suits brought in federal court to enforce Title VI and provided that in a suit against
                  a State "remedies (including remedies both at law and in equity) are available ...
                  to the same extent as such remedies are available ... in the suit against any public
                  or private entity other than a State," §2000d-7(a)(2). We recognized in Franklin v.
                  Gwinnett County Public Schools, 503 U. S. 60 (1992), that §2000d-7 "cannot be read
                  except as a validation of Cannon's holding." Id., at 72; see also id., at 78 (Scalia,
                  J., concurring in judgment) (same). It is thus beyond dispute
 that private individuals may sue to enforce §601.
 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 Protection Clause or
                  the Fifth Amendment." Id., at 287 (opinion of Powell, J.); see also id., at 325, 328,
                  352 (opinion of Brennan, White, Marshall, and Blackmun, JJ.). In Guardians Assn. v.
                  Civil Serv. Comm'n of New York City, 463 U. S. 582 (1983), the Court made clear that
                  under Bakke only intentional discrimination was forbidden by §601. 463 U. S., at 610-611
                  (Powell, J., joined by Burger, C. J., and Rehnquist, J., concurring in judgment);
                  id., at 612 (O'Connor, J., concurring in judgment); id., at 642 (Stevens, J., joined
                  by Brennan and Blackmun, JJ., dissenting). What we said in Alexander v. Choate, 469
                  U. S. 287, 293 (1985), is true today: "Title VI itself directly reach[es] only instances
                  of intentional discrimination."1
 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 least as alternative grounds for their decisions, see 463 U. S., at 591-592
                  (opinion of White, J.); id., at 623, n. 15 (Marshall, J., dissenting); id., at 643-645
                  (Stevens, J., joined by Brennan and Blackmun, JJ., dissenting), and dictum in Alexander
                  v. Choate is to the same effect, see 469 U. S., at 293, 295, n. 11. These statements
                  are in considerable tension with the rule of Bakke and Guardians that §601 forbids
                  only intentional discrimination, see, e.g., Guardians Assn. v. Civil Serv. Comm'n
                  of New York City, supra, at 612-613 (O'Connor, J., concurring in judgment), but petitioners
                  have not challenged the regulations here. We therefore assume for the purposes of
                  deciding this case that the DOJ and DOT regulations proscribing activities that have
                  a disparate impact on the basis of race are valid.
 Respondents assert that the issue in this case, like the first two described above,
                  has been resolved by our cases. 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 12-13. 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 arguendo" that petitioner's "application for admission
                  to medical school was 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.2 In Guardians, the Court held that private
                  individuals could not recover compensatory damages under Title VI except for intentional
                  discrimination. Five Justices in addition voted to uphold the disparate-impact regulations
                  (four would have declared them invalid, see 463 U. S., at 611, n. 5 (Powell, J., concurring
                  in judgment); id., at 612-614 (O'Connor, J., concurring in judgment)), but of those
                  five, three expressly reserved the question of a direct private right of action to
                  enforce the regulations, saying that "[w]hether a cause of action against private
                  parties exists directly under the regulations ... [is a] questio[n] that [is] not
                  presented by this case." Id., at 645, n. 18 (Stevens, J., dissenting).3 Thus, only
                  two Justices had cause to reach the issue that respondents say the "actual language"
                  of Guardians resolves. Neither that case,4 nor any other in this Court, has held that
                  the private right of action exists.
 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 cases 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 Justices, concurring)
                  (regulation interpreting Title VI to require "affirmative action" remedying effects
                  of intentional discrimination); Alexander v. Choate, 469 U. S., at 299, 309 (regulations
                  clarifying what sorts of disparate impacts upon the handicapped were covered by §504
                  of the Rehabilitation Act of 1973, which the Court assumed included some such impacts).
                  Our decision in Lau v. Nichols, 414 U. S. 563 (1974), falls within the same category.
                  The Title VI regulations at issue in Lau, similar to the ones at issue here, forbade
                  funding recipients to take actions which had the effect of discriminating on the basis
                  of race, color, or national origin. Id., at 568. Unlike our later cases, however,
                  the Court in Lau interpreted §601 itself to proscribe disparate-impact discrimination,
                  saying that it "rel[ied] solely on §601 ... to reverse the Court of Appeals," id.,
                  at 566, and that the disparate-impact regulations simply "[made] sure that recipients
                  of federal aid ... conduct[ed] any federally financed projects consistently with §601,"
                  id., at 567.5
 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
                  4. 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, N. A. v. First Interstate Bank of Denver,
                  N. A., 511 U. S. 164, 173 (1994) (a "private plaintiff may not bring a [suit based
                  on a regulation] against a defendant for acts not prohibited by the text of [the statute]").
                  That right must come, if at all, from the independent force of §602. As stated earlier,
                  we assume for purposes of this decision that §602 confers the authority to promulgate
                  disparate-impact regulations6 ; the question remains whether it confers a private
                  right of action to enforce them. If not, we must conclude that a failure to comply
                  with regulations promulgated under §602 that is not also a failure to comply with
                  §601 is not actionable.
 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 Ross & Co. v. Redington,
                  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 create one, no matter how desirable that might be
                  as a policy matter, or how compatible with the statute. See, e.g., Massachusetts Mut.
                  Life Ins. Co. v. Russell, 473 U. S. 134, 145, 148 (1985); Transamerica Mortgage Advisors,
                  Inc. v. Lewis, supra, at 23; Touche Ross & Co. v. Redington, supra, at 575-576. "Raising
                  up causes of action where a statute has not created them may be a proper function
                  for common-law courts, but not for federal tribunals." Lampf, Pleva, Lipkind, Prupis
                  & Petigrow v. Gilbertson, 501 U. S. 350, 365 (1991) (Scalia, J., concurring in part
                  and concurring in judgment).
 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 ancien 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 context.' " Brief
                  for United States 14. Only three of our legion implied-right-of-action cases have
                  found this sort of "contemporary legal context" relevant, and two of those involved
                  Congress's enactment (or reenactment) of the verbatim statutory text that courts had
                  previously interpreted to create a private right of action. See Merrill Lynch, Pierce,
                  Fenner & Smith, Inc. v. Curran, 456 U. S. 353, 378-379 (1982); Cannon v. University
                  of Chicago, 441 U. S., at 698-699. In the third case, this sort of "contemporary legal
                  context" simply buttressed a conclusion independently supported by the text of the
                  statute. See Thompson v. Thompson, 484 U. S. 174 (1988). We have never accorded dispositive
                  weight to context shorn of text. In determining whether statutes create private rights
                  of action, as in interpreting statutes generally, see Blatchford v. Native Village
                  of Noatak, 501 U. S. 775, 784 (1991), legal context matters only to the extent it
                  clarifies text.
 We therefore begin (and find that we can end) our search for Congress's intent with
                  the text and structure of Title VI.7 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-1. It is immediately clear that the "rights-creating" language
                  so critical to the Court's analysis in Cannon of §601, see 441 U. S., at 690 n. 13,
                  is completely absent from §602. Whereas §601 decrees that "[n]o person ... shall ...
                  be subjected to discrimination," 42 U. S. C. §2000d, the text of §602 provides that
                  "[e]ach Federal department and agency ... is authorized and directed to effectuate
                  the provisions of [§601]," 42 U. S. C. §2000d-1. Far from displaying congressional
                  intent to create new rights, §602 limits agencies to "effectuat[ing]" rights already
                  created by §601. And the focus of §602 is twice removed from the individuals who will
                  ultimately benefit from Title VI's protection. Statutes that focus on the person regulated
                  rather than the individuals protected create "no implication of an intent to confer
                  rights on a particular class of persons." California v. Sierra Club, 451 U. S. 287,
                  294 (1981). Section 602 is yet a step further removed: it focuses neither on the individuals
                  protected nor even on the funding recipients being regulated, but on the agencies
                  that will do the regulating. Like the statute found not to create a right of action
                  in Universities Research Assn., Inc. v. Coutu, 450 U. S. 754 (1981), §602 is "phrased
                  as a directive to federal agencies engaged in the distribution of public funds," id.,
                  at 772. When this is true, "[t]here [is] far less reason to infer a private remedy
                  in favor of individual persons," Cannon v. University of Chicago, supra, at 690-691.
                  So far as we can tell, this authorizing portion of §602 reveals no congressional intent
                  to create a private right of action.
 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-1. No enforcement action
                  may be taken, however, "until the department or agency 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 agency attempts to terminate
                  program funding, still more restrictions apply. The agency head must "file with the
                  committees of the House and Senate having legislative jurisdiction over the program
                  or activity involved a full written report of the circumstances and the grounds for
                  such action." §2000d-1. And the termination of funding does not "become effective
                  until thirty days have elapsed after the filing of such report." Ibid. Whatever these
                  elaborate restrictions on agency enforcement may imply for the private enforcement
                  of rights created outside of §602, compare Cannon v. University of Chicago, supra,
                  at 706, n. 41, 712, n. 49; Regents of Univ. of Cal. v. Bakke, 438 U. S., at 419, n.
                  26 (Stevens, J., concurring in judgment in part and dissenting in part), with Guardians
                  Assn. v. Civil Serv. Comm'n of New York City, 463 U. S., at 609-610 (Powell, J., concurring
                  in judgment); Regents of Univ. of Cal. v. Bakke, supra, at 382-383 (opinion of White,
                  J.), they tend to contradict a congressional intent to create privately enforceable
                  rights through §602 itself. The express provision of one method of enforcing a substantive
                  rule suggests that Congress intended to preclude others. See, e.g., Karahalios v.
                  Federal Employees, 489 U. S. 527, 533 (1989); Northwest Airlines, Inc. v. Transport
                  Workers, 451 U. S. 77, 93-94 (1981); Transamerica Mortgage Advisors, Inc. v. Lewis,
                  444 U. S., at 19-20. Sometimes the suggestion is so strong that it precludes a finding
                  of congressional intent to create a private right of action, even though other aspects
                  of the statute (such as language making the would-be plaintiff "a member of the class
                  for whose benefit the statute was enacted") suggest the contrary. Massachusetts Mut.
                  Life Ins. Co. v. Russell, 473 U. S., at 145; see id., at 146-147. And as our Rev.
                  Stat. §1979, 42 U. S. C. §1983 cases show, some remedial schemes foreclose a private
                  cause of action to enforce even those statutes that admittedly create substantive
                  private rights. See, e.g., Middlesex County Sewerage Authority v. National Sea Clammers
                  Assn., 453 U. S. 1, 19-20 (1981). In the present case, the claim of exclusivity for
                  the express remedial scheme does not even have to overcome such obstacles. The question
                  whether §602's remedial scheme can overbear other evidence of congressional intent
                  is simply not presented, since we have found no evidence anywhere in the text to suggest
                  that Congress intended to create a private right to enforce regulations promulgated
                  under §602.
 Both the Government and respondents argue that the regulations contain rights-creating
                  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 certainly 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 5-8, 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 our cases in the amendments would thus not help respondents.
                  Another problem is that the incorporation claim itself is flawed. Section 1003 of
                  the Rehabilitation Act Amendments of 1986, on which only respondents rely, by its
                  terms applies only to suits "for a violation of a statute," 42 U. S. C. §2000d-7(a)(2)
                  (emphasis added). It therefore does not speak to suits for violations of regulations
                  that go beyond the statutory proscription of §601. Section 6 of the Civil Rights Restoration
                  Act of 1987 is even less on point. That provision amends Title VI to make the term
                  "program or activity" cover larger portions of the institutions receiving federal
                  financial aid than it had previously covered, see Grove City College v. Bell, 465
                  U. S. 555 (1984). It is impossible to understand what this has to do with implied
                  causes of action--which is why we declared in Franklin v. Gwinnett County Public Schools,
                  503 U. S., at 73, that §6 did not "in any way alte[r] the existing rights of action
                  and the corresponding remedies permissible under ... Title VI." Respondents point
                  to Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran, 456 U. S., at 381-382, which
                  inferred congressional intent to ratify lower court decisions regarding a particular
                  statutory provision when Congress comprehensively revised the statutory scheme but
                  did not amend that provision. But we recently criticized Curran's reliance on congressional
                  inaction, saying that "[a]s a general matter ... [the] argumen[t] deserve[s] little
                  weight in the interpretive process." Central Bank of Denver, N. A. v. First Interstate
                  Bank of Denver, N. A., 511 U. S., at 187. And when, as here, Congress has not comprehensively
                  revised a statutory scheme but has made only isolated amendments, we have spoken more
                  bluntly: "It is `impossible to assert with any degree of assurance that congressional
                  failure to act represents' affirmative congressional approval of the Court's statutory
                  interpretation." Patterson v. McLean Credit Union, 491 U. S. 164, 175, n. 1 (1989)
                  (quoting Johnson v. Transportation Agency, Santa Clara Cty., 480 U. S. 616, 671-672
                  (1987) (Scalia, J., dissenting)).
 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 §602.8 We therefore hold that no such right of action exists. Since we reach
                  this conclusion applying our standard test for discerning private causes of action,
                  we do not address petitioners' additional argument that implied causes of action against
                  States (and perhaps nonfederal state actors generally) are inconsistent with the clear
                  statement rule of Pennhurst State School and Hospital v. Halderman, 451 U. S. 1 (1981).
                  See Davis v. Monroe County Bd. of Ed., 526 U. S. 629, 656-657, 684-685 (1999) (Kennedy,
                  J., dissenting).
 The judgment of the Court of Appeals is reversed.
 It is so ordered.
 
 JAMES ALEXANDER, DIRECTOR, ALABAMA DEPART-
 MENT OF PUBLIC SAFETY, et al., PETITIONERS
 v. MARTHA SANDOVAL, individually and on
 behalf of all others similarly situated
 on writ of certiorari to the united states court of
 appeals for the eleventh circuit
 [April 24, 2001]
 
 Justice Stevens, with whom Justice Souter, Justice Ginsburg, and Justice Breyer join,
                  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 powers expressly delegated by that Act, the
                  federal agencies and departments responsible for awarding and administering federal
                  contracts immediately adopted regulations prohibiting federal contractees from adopting
                  policies that have the "effect" of discriminating on those bases. At the time of the
                  promulgation of these regulations, prevailing principles of statutory construction
                  assumed that Congress intended a private right of action whenever such a cause of
                  action was necessary to protect individual rights granted by valid federal law. Relying
                  both on this presumption and on independent analysis of Title VI, this Court has repeatedly
                  and consistently affirmed the right of private individuals to bring civil suits to
                  enforce rights guaranteed by Title VI. A fair reading of those cases, and coherent
                  implementation of the statutory scheme, requires the same result under Title VI's
                  implementing regulations.
 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. 563 (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, 463 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 Court makes three
                  distinct, albeit interrelated, errors. First, the Court provides a muddled account
                  of both the reasoning and the breadth of our prior decisions endorsing a private right
                  of action under Title VI, thereby obscuring the conflict between those opinions and
                  today's decision. Second, the Court offers a flawed and unconvincing analysis of the
                  relationship between §§601 and 602 of the Civil Rights Act of 1964, ignoring more
                  plausible and persuasive explanations detailed in our prior opinions. Finally, the
                  Court badly misconstrues the theoretical linchpin of our decision in Cannon v. University
                  of Chicago, 441 U. S. 677 (1979), mistaking that decision's careful contextual analysis
                  for judicial fiat.
 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.1
 When this Court faced an identical case 27 years ago, all the Justices believed that
                  private parties could bring lawsuits under Title VI and its implementing regulations
                  to enjoin the provision of governmental services in a manner that discriminated against
                  non-English speakers. See Lau v. Nichols, 414 U. S. 563 (1974). While five Justices
                  saw no need to go beyond the command of §601, Chief Justice Burger, Justice Stewart,
                  and Justice Blackmun relied specifically and exclusively on the regulations to support
                  the private action, see id., at 569 (Stewart, J., concurring in result) (citing Mourning
                  v. Family Publications Service, Inc., 411 U. S. 356, 369 (1973); Thorpe v. Housing
                  Authority of Durham, 393 U. S. 268, 280-281 (1969)). There is nothing in the majority's
                  opinion in Lau, or in earlier opinions of the Court, that is not fully consistent
                  with the analysis of the concurring Justices or that would have differentiated between
                  private actions to enforce the text of §601 and private actions to enforce the regulations
                  promulgated pursuant to §602. See Guardians, 463 U. S., at 591 (principal opinion
                  of White, J.) (describing this history and noting that, up to that point, no Justice
                  had ever expressed disagreement with Justice Stewart's analysis in Lau).2
 Five years later, we more explicitly considered whether a private right of action
                  exists to enforce the guarantees of Title VI and its gender-based twin, Title IX.
                  See Cannon v. University of Chicago, 441 U. S. 677 (1979). In that case, we examined
                  the text of the statutes, analyzed the purpose of the laws, and canvassed the relevant
                  legislative history. Our conclusion was unequivocal: "We have 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 the prohibited discrimination." Id., at 703.
 The majority acknowledges that Cannon is binding precedent with regard to both Title
                  VI and Title IX, ante, at 3-4, 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 case as whether a private
                  right of action exists to enforce "Title IX" (and by extension "Title VI"),3 and does
                  not draw any distinctions between the various types of discrimination outlawed by
                  the operation of those statutes. Though the opinion did not reach out to affirmatively
                  preclude the drawing of every conceivable distinction, it could hardly have been more
                  clear as to the scope of its holding: A private right of action exists for "victims
                  of the prohibited discrimination." 441 U. S., at 703 (emphasis added). Not some of
                  the prohibited discrimination, but all of it.4
 Moreover, Cannon was itself a disparate-impact case. In that case, the plaintiff
                  brought suit against two private universities challenging medical school admissions
                  policies that set age limits for applicants. Plaintiff, a 39-year-old woman, alleged
                  that these rules had the effect of discriminating against women because the incidence
                  of interrupted higher education is higher among women than among men. 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 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, id., at 680.
 Our fractured decision in Guardians Assn. v. Civil Serv. Comm'n of New York City,
                  463 U. S. 582 (1983), reinforces the conclusion that this issue is effectively settled.
                  While the various opinions in that case took different views as to the spectrum of
                  relief available to plaintiffs in Title VI cases, a clear majority of the Court expressly
                  stated that private parties may seek injunctive relief against governmental practices
                  that have the effect of discriminating against racial and ethnic minorities. Id.,
                  at 594-595, 607 (White, J.); id., at 634 (Marshall, J., dissenting); id., at 638 (Stevens,
                  J., joined by Brennan and Blackmun, JJ., dissenting). As this case involves just such
                  an action, its result ought to follow naturally from Guardians.
 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.5 This argument
                  inspires two responses. First, to the extent that the majority denies relief to the
                  respondents merely because they neglected to mention 42 U. S. C. §1983 in framing
                  their Title VI claim, this case is something of a sport. Litigants who in the future
                  wish to enforce the Title VI regulations against state actors in all likelihood must
                  only reference §1983 to obtain relief; indeed, the plaintiffs in this case (or other
                  similarly situated individuals) presumably retain the option of re-challenging Alabama's
                  English-only policy in a complaint that invokes §1983 even after today's decision.
 More important, 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
                  case 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.6
                  Rather than focusing on considerations specific to §1983, each of these opinions looked
                  instead to our opinion in Cannon, to the intent of the Congress that adopted Title
                  VI and the contemporaneous executive decisionmakers who crafted the disparate-impact
                  regulations, and to general principles of remediation.7
 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 §1983. 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 case is overdetermined.8 Even absent
                  my continued belief that Congress intended a private right of action to enforce both
                  Title VI and its implementing regulations, I would answer the question presented in
                  the affirmative and affirm the decision of the Court of Appeals as a matter of stare
 decisis.9
 II
 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[s] and direct[s]" 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 antidiscrimination mandate. 42 U. S. C. §2000d-1.10
 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, 505 U. S. 717, 732, n. 7 (1992); Guardians Assn. v. Civil Serv. Comm'n
                  of New York City, 463 U. S. 582 (1983); Regents of Univ. of Cal. v. Bakke, 438 U.
                  S. 265 (1978). As the majority emphasizes today, the Judiciary's understanding of
                  what conduct may be remedied in actions brought directly under §601 is, in certain
                  ways, more circumscribed than the conduct prohibited by the regulations. See, e.g.,
                  ante, at 5.
 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 step-cousins--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 §601.11 The majority's persistent belief that the two sections
                  somehow forward different agendas finds no support in the statute. Nor does Title
                  VI anywhere suggest, let alone state, that for the purpose of determining their legal
                  effect, the "rules, regulations, [and] orders of general applicability" adopted by
                  the agencies are to be bifurcated by the judiciary into two categories based on how
                  closely the courts believe the regulations track the text of §601.
 What makes the Court's analysis even more troubling is that our cases have already
                  adopted a simpler and more sensible model for understanding the relationship between
                  the two sections. For three decades, we have treated §602 as granting the responsible
                  agencies the power to issue broad prophylactic rules aimed at realizing the vision
                  laid out in §601, even if the conduct captured by these rules is at times broader
                  than that which would otherwise be prohibited.
 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 VI's 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 caselaw:
                  "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
                  ha[ve] 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-1. The plain meaning of the text reveals Congress' intent
                  to provide the relevant agencies with sufficient authority to transform the statute's
                  broad aspiration into social reality. So too does a lengthy, consistent, and impassioned
                  legislative history.12
 This legislative design reflects a reasonable--indeed inspired--model for attacking
                  the often-intractable 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.13 Such an approach builds into the
                  law flexibility, an ability to make nuanced assessments of complex social realities,
                  and an admirable willingness to credit the possibility of progress.
 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 contractees 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 7.
 To the extent that our prior cases mischaracterize the relationship between §§601
                  and 602, they err on the side of underestimating, not overestimating, the connection
                  between the two provisions. While our cases have explicitly adopted an understanding
                  of §601's scope that is somewhat narrower than the reach of the regulations,14 they
                  have done so in an unorthodox and somewhat haphazard fashion.
 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 325, 328, 352 (Brennan,
                  J., joined by White, Marshall, and Blackmun, JJ., concurring in judgment in part and
                  dissenting in part).15 In Guardians, the majority of the Court held that the analysis
                  of those five Justices in Bakke compelled as a matter of stare decisis the conclusion
                  that §601 does not on its own terms reach disparate impact cases. 463 U. S., at 610-611
                  (Powell, J., concurring in judgment); id., at 612 (O'Connor, J., concurring in judgment);
                  id., at 642 (Stevens, J., joined by Brennan and Blackmun, JJ.). However, the opinions
                  adopting that conclusion did not engage in any independent analysis of the reach of
                  §601. Indeed, the only writing on this subject came from two of the five Members of
                  the Bakke "majority," each of whom wrote separately to reject the remaining Justices'
                  understanding of their opinions in Bakke and to insist that §601 does in fact reach
                  some instances of unintentional discrimination. 463 U. S., at 589-590 (White, J.);
                  id., at 623-624 (Marshall, J., dissenting).16 The Court's occasional rote invocation
                  of this Guardians majority in later cases ought not obscure the fact that the question
                  whether §601 applies to disparate-impact claims has never been analyzed by this Court
                  on the merits.17
 In addition, these Title VI cases seemingly ignore the well-established principle
                  of administrative law that is now most often described as the "Chevron doctrine."
                  See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837
                  (1984). In most other contexts, when the agencies charged with administering a broadly-worded
                  statute offer regulations interpreting that statute or giving concrete guidance as
                  to its implementation, we treat their interpretation of the statute's breadth as controlling
                  unless it presents an unreasonable construction of the statutory text. See ibid. While
                  there may be some dispute as to the boundaries of Chevron deference, see, e.g., Christensen
                  v. Harris County, 529 U. S. 576 (2000), it is paradigmatically appropriate when Congress
                  has clearly delegated agencies the power to issue regulations with the force of law
                  and established formal procedures for the promulgation of such regulations.18
 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 issue regulations
                  interpreting §601 on the assumption that their construction will--if reasonable--be
                  incorporated into our understanding of §601's meaning.19 To resolve this case, 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 cases,
                  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.20 See Cannon, 441 U. S., at 703.
 III
 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 Cort v. Ash, 422 U. S. 66 (1975). As the majority narrates our implied right
                  of action jurisprudence, ante, at 10-11, 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 tribunal." Ante, at 10.
                  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."
                  Ante, at 11. 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 U. S., at 717, its failure to do so does not
                  absolve us of the responsibility to endeavor to discern its intent. In a series of
                  cases since Cort v. Ash, we have laid out rules and developed strategies for this
                  task.
 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.21 Our conclusion was
                  that Congress unmistakably intended a private right of action to enforce both Title
                  IX and Title VI. Our reasoning--and, as I have demonstrated, our holding--was equally
                  applicable to intentional discrimination and disparate impact claims.22
 Underlying today's opinion is the conviction that Cannon must be cabined because
                  it exemplifies an "expansive rights-creating approach." Franklin v. Gwinnett County
                  Public Schools, 503 U. S. 60, 77 (1992) (Scalia, J. concurring in judgment). But,
                  as I have taken pains to explain, it was Congress, not the Court, that created the
                  cause of action, and it was the Congress that later ratified the Cannon holding in
                  1986 and again in 1988. See 503 U. S., at 72-73.
 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 respondent 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, Pierce, Fenner
                  & Smith, Inc. v. Curran, 456 U. S. 353, 378-379 (1982); Cannon, 441 U. S., at 698-699.23
 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 7.24 This rule might be proper if we were the kind of "common-law court"
                  the majority decries, ante, at 10, inventing private rights of action never intended
                  by Congress. For if we are not construing a statute, we certainly may refuse to create
                  a remedy for violations of federal regulations. But if we are faithful to the commitment
                  to discerning congressional intent that all Members of this Court profess, the distinction
                  is untenable. There is simply no reason to assume that Congress contemplated, desired,
                  or adopted a distinction between regulations that merely parrot statutory text and
                  broader regulations that are authorized by statutory text.25
 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.26 The Court offers 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. Ante, at 13-14.
                  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 Cannon that the express
                  provision of a fund cut-off remedy "suggests that Congress intended to preclude others."
                  Ante, at 14. 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 with--indeed, barely
                  acknowledges--our rejection of this argument in Cannon.
 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 11, 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.
 
 
 FOOTNOTES
 
 Footnote 1
 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 16, 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' reliance on Chevron U. S. A. Inc.
                  v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984), see post, at 17-18,
                  explain his aboutface, since he expressly reaffirms, see post, at 17-18, n. 18, the
                  settled principle that decisions of this Court declaring the meaning of statutes prior
                  to Chevron need not be reconsidered after Chevron in light of agency regulations that
                  were already in force 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 clear in Chevron, the interpretive maxims summarized
                  therein were `well-settled principles' ").
 
 Footnote 2
 Although the dissent acknowledges that "the breadth of [Cannon's] precedent is a
                  matter upon which reasonable jurists may differ," post, at 21, it disagrees with our
                  reading of Cannon's holding because it thinks the distinction we draw between disparate-impact
                  and intentional discrimination was "wholly foreign" to that opinion, see post, at
                  5. Cannon, however, was decided less than one year after the Court in Bakke had drawn
                  precisely that distinction with respect to Title VI, see supra, at 4, and it is absurd
                  to think that Cannon meant, without discussion, to ban under Title IX the very disparate-impact
                  discrimination that Bakke said Title VI permitted. The only discussion in Cannon of
                  Title IX's scope is found in Justice Powell's dissenting opinion, which simply assumed
                  that the conclusion that Title IX would be limited to intentional discrimination was
                  "forgone in light of our holding" in Bakke. Cannon v. University of Chicago, 441 U.
                  S. 677, 748, n. 19 (1979). The dissent's additional claim that Cannon provided a private
                  right of action for "all the discrimination prohibited by the regulatory scheme contained
                  in Title IX," post, at 5, n. 4 (emphasis added), simply begs the question at the heart
                  of this case, which is whether a right of action to enforce disparate-impact regulations
                  must be independently identified, see infra, at 7-10.
 
 Footnote 3
 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 9, 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 immediately after this concluding sentence, see id., at 645,
                  n. 18--makes clear that the omission was not accidental.
 
 Footnote 4
 Ultimately, the dissent agrees that "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 ... ." Post, at 9.
 
 Footnote 5
 It is true, as the dissent points out, see post, at 3-4, that three Justices who
                  concurred in the result in Lau relied on regulations promulgated under §602 to support
                  their position, see Lau v. Nichols, 414 U. S. 563, 570-571 (1974) (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 4) 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' new principle that silence implies agreement.
 
 Footnote 6
 For this reason, the dissent's extended discussion of the scope of agencies' regulatory
                  authority under §602, see post, at 13-15, 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 15, 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").
 
 Footnote 7
 Although the dissent claims that we "adop[t] a methodology that blinds itself to
                  important evidence of congressional intent," see post, at 21, 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 clear that Congress did
                  not provide a cause of action.
 
 Footnote 8
 The dissent complains that we "offe[r] little affirmative support" for this conclusion.
                  Post, at 24. 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 "petitioners have marshaled substantial affirmative
                  evidence that a private right of action exists to enforce Title VI and the regulations
                  validly promulgated thereunder," post, at 24-25, 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.
 
 FOOTNOTES
 
 Footnote 1
 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
                  dism'd, 524 U. S. 974 (1998); David K. v. Lane, 839 F. 2d 1265, 1274 (CA7 1988); Sandoval
                  v. Hogan, 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 (CA1 1986);
                  New York Urban League, Inc. v. New York, 71 F. 3d 1031, 1036 (CA2 1995); Ferguson
                  v. Charleston, 186 F. 3d 469 (CA4 1999), rev'd on other grounds, 532 U. S. __ (2001);
                  Castaneda v. Pickard, 781 F. 2d 456, 465, n. 11 (CA5 1986); Buchanan v. Bolivar, 99
                  F. 3d 1352, 1356, n. 5 (CA6 1996); Larry P.. v. Riles, 793 F. 2d 969, 981-982 (CA9
                  1986); Villanueva v. Carere, 85 F. 3d 481, 486 (CA10 1996). No Court of Appeals has
                  ever reached a contrary conclusion. But cf. New York City Environmental Justice Alliance
                  v. Giuliani, 214 F. 3d 65, 72 (CA2 2000) (suggesting that the question may be open).
 
 Footnote 2
 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 five years old. See Thorpe v. Housing Authority of
                  Durham, 393 U. S. 268 (1969).
 
 Footnote 3
 See Cannon, 441 U. S., at 687, 699, 702, n. 33, 703, 706, n. 40, 709.
 
 Footnote 4
 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 can not 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
                  contained in Title IX may be the subject of a private lawsuit. As the Court today
                  concedes that Cannon's holding applies to Title VI claims as well as Title IX claims,
                  ante, at 3-4, and assumes that the regulations promulgated pursuant to §602 are validly
                  promulgated antidiscrimination measures, ante, at 5, it is clear that today's opinion
                  is in substantial tension with Cannon's reasoning and holding.
 
 Footnote 5
 None of the relevant opinions was absolutely clear as to whether it envisioned such
                  suits as being brought directly under the statute or under 42 U. S. C. §1983. However,
                  a close 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 explicitly rested his conclusion
                  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 clear 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 clear 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.
 
 Footnote 6
 The Court today cites one sentence in my final footnote in Guardians that it suggests
                  is to the contrary. Ante, at 7 (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 Powell. I noted that the fact that §1983 authorizes a lawsuit
                  against the police department based on its violation of the governing administrative
                  regulations did not mean, as Justice Powell had suggested, "that a similar action
                  would be unavailable against a similarly situated private party." Ibid. I added the
                  sentence that the Court quotes today, ante at 7, not to reserve a question, but rather
                  to explain that the record did not support Justice Powell's hypothesis regarding the
                  standard of proof. I thought then, as I do now, that a violation of regulations adopted
                  pursuant to Title VI may be established by proof of discriminatory impact in a §1983
                  action against state actors and also in an implied action against private parties.
                  See n. 5, supra. Contrary to the Court's partial quotation of my opinion, see ante,
                  at 7, n. 3, what I wrote amply reflected what I thought. See 463 U. S., at 635 ("a
                  private action against recipients of federal funds"), id., at 636 ("implied caus[e]
                  of action"); id., at 638 ("Title VI authorizes appropriate relief").
 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.
 
 Footnote 7
 See n. 5, supra.
 
 Footnote 8
 See also Bazemore v. Friday, 478 U. S. 385 (1986) (per curiam) (adjudicating on the
                  merits a claim brought under Title VI regulations).
 
 Footnote 9
 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 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 decision in Lau, Cannon, 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 a private cause of action." Merrill Lynch,
                  Pierce, Fenner & Smith, Inc. v. Curran, 456 U. S. 353, 381-382 (1982). Here, there
                  is no need to rest on presumptions of knowledge and ratification, because the direct
                  evidence of Congress' understanding is plentiful.
 
 Footnote 10
 The remainder of Title VI provides for judicial and administrative review of agency
                  actions taken pursuant to the statute, §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, §200d-4a.
 
 Footnote 11
 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").
 
 Footnote 12
 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. Celler) (describing §602 as requiring
                  federal agencies to "reexamine" their programs "to make sure that adequate action
                  has been taken to preclude ... discrimination") .
 
 Footnote 13
 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 simply accords
                  the agencies the power to decide whether or not to credit such evidence.
 
 Footnote 14
 See, e.g., Alexander v. Choate, 469 U. S. 287, 293 (1985) (stating, in dicta, "Title
                  VI itself directly reach[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).
 
 Footnote 15
 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.
 
 Footnote 16
 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 6, n. 2, much less its implication that it would have been "absurd" to think
                  otherwise, ibid.
 
 Footnote 17
 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 (explaining why the Rehabilitation Act of 1973, which was modeled
                  after §601, might be considered to reach some instances of disparate impact and then
                  assuming that it does for purposes of deciding the case).
 
 Footnote 18
 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
                  "well-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."
 
 Footnote 19
 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 Presidents 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-1 (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).
 
 Footnote 20
 The majority twice suggests that I "be[g] the question" whether a private right of
                  action to enforce Title VI necessarily encompasses a right of action to enforce the
                  regulations validly promulgated pursuant to the statute. Ante, at 6, n. 2, 17, n.
                  8. As the above analysis demonstrates, I do no such thing. On the contrary, I demonstrate
                  that the disparate-impact regulations promulgated pursuant to §602 are--and have always
                  been considered to be--an important part of an integrated remedial scheme intended
                  to promote the statute's antidiscrimination goals. Given that fact, there is simply
                  no logical or legal justification for differentiating between actions to enforce the
                  regulations and actions to enforce the statutory text. Furthermore, as my integrated
                  approach reflects the longstanding practice of this Court, see n. 2, supra, it is
                  the majority's largely unexplained assumption that a private right of action to enforce
                  the disparate-impact regulations must be independently established that "begs the
                  question."
 
 Footnote 21
 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.
 
 Footnote 22
 We should not overlook the fact that Cannon was decided after the Bakke majority
                  had concluded that the coverage of Title VI was co-extensive with the coverage of
                  the Equal Protection Clause.
 
 Footnote 23
 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 13-14.
 
 Footnote 24
 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 abettors in civil enforcement
                  actions under §10(b) and Rule 10b-5"). Second, that case involved a right of action
                  that the Court has forthrightly acknowledged was judicially created in exactly the
                  way the majority now condemns. See, e.g., Blue Chip Stamps v. Manor Drug Stores, 421
                  U. S. 723, 737 (1975) (describing private actions under Rule 10b-5 as "a judicial
                  oak which has grown from little more than a legislative acorn"). As the action in
                  question was in effect a common-law right, the Court was more within its rights to
                  limit that remedy than it would be in a case, such as this one, where we have held
                  that Congress clearly intended such a right.
 
 Footnote 25
 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").
 
 Footnote 26
 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 17, 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 such a suit. However, once the courts have examined the statutory
                  scheme under which the individual seeks to bring a suit and determined that a private
                  right of action does exist, judges who seek to impose heretofore unrecognized limits
                  on that right have a responsibility to offer reasoned arguments drawn from the text,
                  structure, or history of that statute in order to justify such limitations. Moreover,
                  in this case, the petitioners have marshaled substantial affirmative evidence that
                  a private right of action exists to enforce Title VI and the regulations validly promulgated
                  thereunder. See supra, at 21-22. It strikes me that it aids rather than hinders their
                  case that this evidence is already summarized in an opinion of this Court. See Cannon,
                  441 U. S., at 691-703.