Gorsuch, J., concurring
both leapt almost immediately to its “voluminous legislative history,” from which they proceeded to divine an implicit “congressional intent” to link the statute with the Equal Protection Clause. 438 U. S., at 284–285 (opinion of Powell, J.); id., at 328–336 (joint opinion of Brennan, White, Marshall, and Blackmun, JJ.). Along the way, as Justice Stevens documented, both opinions did more than a little cherry-picking from the legislative record. See id., at 413–417. Justice Brennan went so far as to declare that “any claim that the use of racial criteria is barred by the plain language of the statute must fail in light of the remedial purpose of Title VI and its legislative history.” Id., at 340. And once liberated from the statute’s firm rule against discrimination based on race, both opinions proceeded to devise their own and very different arrangements in the name of the Equal Protection Clause.
The moves made in Bakke were not statutory interpretation. They were judicial improvisation. Under our Constitution, judges have never been entitled to disregard the plain terms of a valid congressional enactment based on surmise about unenacted legislative intentions. Instead, it has always been this Court’s duty “to give effect, if possible, to every clause and word of a statute,” Montclair v. Ramsdell, 107 U. S. 147, 152 (1883), and of the Constitution itself, see Knowlton v. Moore, 178 U. S. 41, 87 (1900). In this country, “[o]nly the written word is the law, and all persons are entitled to its benefit.” Bostock, 590 U. S., at ___ (slip op., at 2). When judges disregard these principles and enforce rules “inspired only by extratextual sources and [their] own imaginations,” they usurp a lawmaking function “reserved for the people’s representatives.” Id., at ___ (slip op., at 4).
Today, the Court corrects course in its reading of the Equal Protection Clause. With that, courts should now also correct course in their treatment of Title VI. For years, they
