Cite as: 532 U. S. 275 (2001)
Stevens, J., dissenting
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 287, 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.
317
Page: Index Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43Last modified: October 4, 2007