This gets into the distinction between law and equity. It’s a pretty obscure topic for non-lawyers but the gist is that a court sitting in equity would almost n

This gets into the distinction between law and equity. It’s a pretty obscure topic for non-lawyers but the gist is that a court sitting in equity would almost never award damages. While the Supreme Court is a court of law and equity, the power to imply a cause of action stems from its inheritance of equity powers and so is limited by them as well. (This is all based on memory and so the details may be off.)