Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 3 (1992)

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Opinion of the Court

for intentional violations is belied by the unanimous holding in Darrone, supra, at 628. Pp. 74-75. (g) The assertion that Title IX remedies should nevertheless be limited to backpay and prospective relief diverges from this Court's traditional approach to deciding what remedies are available for violation of a federal right. Both suggested remedies are equitable in nature, and it is axiomatic that a court should determine the adequacy of damages at law before resorting to equitable relief. Moreover, both suggested remedies are clearly inadequate in that they would provide Franklin no relief: backpay because she was a student when the alleged discrimination occurred, and prospective relief because she no longer attends school in respondent system and Hill no longer teaches there. Pp. 75-76. 911 F. 2d 617, reversed and remanded.

White, J., delivered the opinion of the Court, in which Blackmun, Stevens, O'Connor, Kennedy, and Souter, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Rehnquist, C. J., and Thomas, J., joined, post, p. 76.

Joel I. Klein argued the cause for petitioner. With him on the briefs were Richard G. Taranto and Michael Weinstock.

Albert M. Pearson III argued the cause for respondents. With him on the brief were Frank C. Bedinger III and E. Victoria Sweeny.

Stephen L. Nightingale argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Roberts, and John P. Schnitker.*

Justice White delivered the opinion of the Court. This case presents the question whether the implied right of action under Title IX of the Education Amendments of

*Briefs of amici curiae urging reversal were filed for the National Women's Law Center et al. by Marcia D. Greenberger; and for the Lawyers' Committee for Civil Rights Under Law by William T. Lake, William H. Brown III, Herbert M. Wachtell, Norman Redlich, and Thomas J. Henderson.

Peter J. Kadzik and Arlene B. Mayerson filed a brief for the American Council of the Blind et al. as amici curiae.

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