Alexander v. Sandoval

14 Fla. L. Weekly Fed. S 206, 149 L. Ed. 2d 517, 121 S. Ct. 1511, 532 U.S. 275, 2001 Cal. Daily Op. Serv. 3194, 2001 Colo. J. C.A.R. 2042, 80 Empl. Prac. Dec. (CCH) 40,456, 2001 U.S. LEXIS 3367, 69 U.S.L.W. 4250, 2001 Daily Journal DAR 3941
CourtSupreme Court of the United States
DecidedApril 24, 2001
Docket99-1908
StatusPublished
Cited by2,391 cases

This text of 14 Fla. L. Weekly Fed. S 206 (Alexander v. Sandoval) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Sandoval, 14 Fla. L. Weekly Fed. S 206, 149 L. Ed. 2d 517, 121 S. Ct. 1511, 532 U.S. 275, 2001 Cal. Daily Op. Serv. 3194, 2001 Colo. J. C.A.R. 2042, 80 Empl. Prac. Dec. (CCH) 40,456, 2001 U.S. LEXIS 3367, 69 U.S.L.W. 4250, 2001 Daily Journal DAR 3941 (U.S. 2001).

Opinions

[278]*278Justice 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-l, and the DOJ in an exercise of this authority promulgated a regulation forbidding funding recipients to “utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin....” 28 CPR § 42.104(b)(2) (2000). See also 49 CPR § 21.5(b)(2) (2000) (similar DOT regulation).

The State of Alabama amended its Constitution in 1990 to declare English “the official language of the state of [279]*279Alabama.” 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 ease, however, it is clear from our decisions, from Congress’s amendments of Title VI, and from the parties’ concessions that three aspects of Title VI must be taken as given. First, private individuals may sue to enforce §601 of Title VI and obtain both injunctive relief and damages. In Cannon v. University of Chicago, 441 [280]*280U. 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 (Scaua, 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 Pro-[281]*281teetion 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 Blaekmun, 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 Blaekmun, 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 [282]

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14 Fla. L. Weekly Fed. S 206, 149 L. Ed. 2d 517, 121 S. Ct. 1511, 532 U.S. 275, 2001 Cal. Daily Op. Serv. 3194, 2001 Colo. J. C.A.R. 2042, 80 Empl. Prac. Dec. (CCH) 40,456, 2001 U.S. LEXIS 3367, 69 U.S.L.W. 4250, 2001 Daily Journal DAR 3941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-sandoval-scotus-2001.