The High Court Report

Oral Argument: Cummings v. Premier Rehab | Case No. 20-219 | Date Argued: 11/30/2021 | Date Decided: 4/28/2022


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Cummings v. Premier Rehab | Case No. 20-219 | Date Argued: 11/30/2021 | Date Decided: 4/28/2022

Background: Title VI of the Civil Rights Act of 1964 prohibits recipients of federal funds from discriminating based on race, color, or national origin, and provides that victims of discrimination may recover compensatory damages for intentional violations. This Court has interpreted Title VI's implied private right of action as providing victims of intentional discrimination compensatory, but not punitive, damages. Congress has expressly incorporated Title VI's remedial scheme into other statutes that prohibit recipients of federal funds from discriminating on other grounds, including disability.

Question Presented: Whether the compensatory damages available under Title VI and the statutes that incorporate its remedial scheme include compensation for emotional distress.

Holding: Emotional distress damages are not recoverable in a private action to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act.

Result: Adjudged to be AFFIRMED.

Voting Breakdown: 6-3. Chief Justice Roberts delivered the opinion of the Court, in which Justices Thomas, Alito, Gorsuch, Kavanaugh and Barrett joined. Justice Kavanaugh filed a concurring opinion, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Andrew Rozynski, New York, N.Y.; and

Colleen R. Sinzdak, Assistant to the Solicitor General,
Department of Justice, Washington, D.C. (for United
States, as amicus curiae.) For Respondent: Kannon K. Shanmugam, Washington, D.C.

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