Q: What is the presumption against implied right of action in federal statutes?
Now presumption against implied right of action in federal statutes
-Alexander v. Sandoval (2001): No cause of action to enforce DOJ disparate impact regulation
-doesn’t matter that private right of action to enforce 601 (intentional discrimination) because we’re talking about 602
-Dissent (Stevens): question already decided because private right of action under 601 according to Cannon
-JM agrees majority interpretation is pretty bizarre
-JM – problem here is SC interpreting older legislation adopted when SC hospitable to implication of private remedies
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