Cannon v. University of Chicago, 441 U.S. 677 (1979), was a United States Supreme Court case which interpreted Congressional silence in the face of earlier interpretations of similar laws to determine that Title IX of the Higher Education Act provides an implied cause of action.
[1] Plaintiff Geraldine Cannon sued the University of Chicago, asserting that she was denied admission on the basis of her sex, and that she had a cause of action under Title IX, which bars sex discrimination by federally funded institutions, but does not expressly grant a private right of action.
The dismissal was affirmed by the United States Court of Appeals for the Seventh Circuit, which held that the statutory procedure for termination of federal funds was the exclusive remedy provided by Congress.
The plaintiff appealed, contending that Congress acted in light of similar language in Title VI of the Civil Rights Act of 1964, which the Supreme Court had already found to imply a private remedy, and to which Congress had allowed attorney fees (which would be unnecessary absent a private right of action).
Powell contended that the Court's decision would encourage Congress to be lax in their duty to create laws, expecting democratically unaccountable judges to do the job for them.