John Paul Stevens

“ Both Title VI and Title VII express Congress' belief that, in the long struggle to eliminate social prejudice and the effects of prejudice, the principle of individual equality, without regard to race or religion, was one on which there could be a "meeting of the minds" among all races and a common national purpose. See Los Angeles Dept. of Water & Power v. Manhart, 435 U.S. 702, 709 (" [T] he basic policy of the statute [Title VII] requires that we focus on fairness to individuals, rather than fairness to classes") . This same principle of individual fairness is embodied in Title VI.↑ . ”

“ The doctrine reflects both our respect for the Constitution as an enduring set of principles and the deference we owe to the Legislative and Executive Branches of Government in developing solutions to complex social problems. ”

“ Our settled practice, however, is to avoid the decision of a constitutional issue if a case can be fairly decided on a statutory ground.
If there is one doctrine more deeply rooted than any other in the process of constitutional adjudication, it is that we ought not to pass on questions of constitutionality . ”

“ It is always important at the outset to focus precisely on the controversy before the Court. [1] It is particularly important to do so in this case, because correct identification of the issues will determine whether it is necessary or appropriate to express any opinion about the legal status of any admissions program other than petitioner's. ”

“ Bakke's status as a potential beneficiary of a federally funded program definitely brings him within the "‘class for whose especial benefit the statute was enacted,'" ibid. (emphasis in original) . (2) A cause of action based on race discrimination has not been "traditionally relegated to state law." Ibid. (3) While a few excerpts from the voluminous legislative history suggest that Congress did not intend to create a private cause of action, see opinion of MR. JUSTICE POWELL, ante at 283 n. ”