Cite as: 532 U. S. 275 (2001)
Stevens, J., dissenting
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Neither as originally enacted nor as later amended does Title VI display an intent to create a freestanding private right of action to enforce regulations promulgated under § 602.8 We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 Penn-hurst 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.
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 pow-8 The dissent complains that we "offe[r] little affirmative support" for this conclusion. Post, at 315. 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 "respondents have marshaled substantial affirmative evidence that a private right of action exists to enforce Title VI and the regulations validly promulgated thereunder," post, at 316, 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.
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