278
Opinion of the Court
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) (2000). 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
Norman J. Chachkin, David T. Goldberg, Kenneth Kimerling, Barbara J. Olshansky, Robert García, John Payton, Norman Redlich, Barbara R. Arnwine, and Thomas J. Henderson; and for the National Women's Law Center et al. by George W. Jones, Jr., Jacqueline G. Cooper, Marcia D. Greenberger, Verna L. Williams, and Leslie T. Annexstein.
Briefs of amici curiae were filed for the Center on Race, Poverty and the Environment et al. by Luke W. Cole and Douglas Parker; for the Pacific Legal Foundation et al. by John H. Findley; and for the Central Puget Sound Regional Transit Authority by Paul J. Lawrence.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007