Jackson v. Birmingham Board of Education — Thomas, J., dissenting

Summary

Justice Thomas dissents from the Court's holding that Title IX's private right of action for sex discrimination encompasses claims of retaliation. He concludes that retaliation is not discrimination on the basis of sex under the statute's plain terms and that the spending clause requires clear notice of liability. He further argues implying causes of action for retaliation lacks evident congressional intent and violates established precedent.