2004 Supreme Court term

RODERICK JACKSON v. BIRMINGHAM BOARD OF EDUCATION.

Dockets 02-1672Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The Eleventh Circuit affirmed the lower‑court decision, and the Supreme Court denied certiorari in 1997, leaving the lower‑court ruling in place.

Background and question before the Court

The Eleventh Circuit affirmed the lower‑court ruling in favor of the Board, and the Supreme Court denied certiorari in 1997, leaving that decision in effect.

What each side argues

Petitioner (Roderick Jackson)

According to Mr. THOMAS (Petitioner), according to Mr. THOMAS (Petitioner), according to Mr. THOMAS (Petitioner), the petitioner argues that the statutory language of Title IX does not clearly provide a private cause of action for retaliation.

Respondent (Birmingham Board of Education)

According to Mr. Dellinger, the respondent contends that even if a cause of action exists, Coach Jackson cannot bring it because he is not the victim of the underlying discrimination.

According to Mr. Dellinger, both parties have been discriminated against on the basis of sex because they are trying to rectify sex discrimination.

What happened at oral argument

According to Justice O'Connor, justice O’Connor questioned why Congress would expressly cover retaliation in some statutes but not in others.

According to Justice Scalia, justice Scalia inquired about the date of the Sullivan case.

Justice Ginsburg asked what implication there would be for federal employment if the circuit’s view were adopted.

According to Justice Souter, justice Souter raised the point that there is no practical administrative remedy in the real world.

Justice Breyer asked whether Title IX is a civil‑rights statute that provides a private cause of action.

According to Justice Stevens, justice Stevens noted that agencies interpreting the statute thought a private cause of action existed.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

According to Kevin C. Newsom (Amicus Curiae for Alabama), kevin C. Newsom (Amicus Curiae for Alabama) argues that clarifying the scope of the administrative remedy under Title IX is necessary because the OCR may use any remedy it deems necessary.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • e134fdd0acdfe2eafb62-r1-b7ab7bd8c04d52d9.pdforal argument transcript

Guide generated September 20, 2026. Automated validation accepted this version.