Cort v. Ash
1975 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Cort v. Ash, 422 U.S. 66 (1975), was a case in which Justice William J. Brennan writing for a unanimous United States Supreme Court articulated a four factor test for federal courts to apply when deciding whether the implication doctrine allows a cause of action to be inferred from a federal statute that does not clearly state a civil remedy.[1]
This article needs additional citations for verification. (March 2010) |
Cort v. Ash | |
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Argued March 18, 1975 Decided June 17, 1975 | |
Full case name | Cort, et al. v. Ash |
Citations | 422 U.S. 66 (more) 95 S. Ct. 2080; 45 L. Ed. 2d 26; 1975 U.S. LEXIS 143 |
Case history | |
Prior | On writ of certiorari from the United States Court of Appeals for the Third Circuit |
Holding | |
18 U.S.C. § 610 does not create a private cause of action. | |
Court membership | |
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Case opinion | |
Majority | Brennan, joined by unanimous |
Laws applied | |
18 U.S.C. § 610 |
The Cort criteria were applied by some lower federal courts as a restrictive standard to test applications of the implication doctrine, including a 7th Circuit decision, later reversed by the Supreme Court, which held no private right of action exists under Title IX to challenge a denial of admission to medical school as gender-based discrimination. [2]