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No. 18-1171October Term 2019Decided Mar 23, 2020

Docket 18-1171October Term 2019 (2019–2020)

Comcast Corp. v. National Assn. of African-American Owned Media

A plaintiff suing under Section 1981 must prove the alleged harm would not have happened but for race.

Case status

Current stage
Decided
Latest event
Decision released Mar 23, 2020
Case Accepted
Arguments
Decision ReleasedMar 23, 2020
What it's about

This case asked what a business must prove to sue for race discrimination under 42 U.S.C. § 1981 after Comcast refused to carry channels owned by an African-American-owned media company. The Supreme Court held that the plaintiff must show that race was the but-for cause of the injury, not just that race played some role in the decision.

Question presented

Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation?

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Mar 23, 2020

Area

Decided Supreme Court case

Briefing

What it's about

This case asked what an African-American-owned media company had to prove to sue Comcast for race discrimination under 42 U.S.C. § 1981 after Comcast refused to carry its channels. The Supreme Court said the plaintiff must show race was the but-for cause of the injury, not just one factor in the decision.

Vote

The Court said a Section 1981 plaintiff bears the burden of showing that race was a but-for cause of the injury. The prompt does not provide the vote count or opinion lineup.

Impact

The decision sets a tougher proof rule for Section 1981 race-discrimination suits involving contracts and business deals. For example, a company claiming it lost a carriage or licensing deal because of race must show the deal would have happened but for race.

What's next

The Supreme Court has finished this docket action. Lower courts and litigants must apply the but-for causation rule in this case and similar Section 1981 disputes.

What was the core dispute in Comcast Corp. v. National Assn. of African-American Owned Media?

The case asked what a plaintiff must prove to sue for race discrimination under Section 1981. The Court said race must be the but-for cause of the injury.

What are the real-world consequences of the Court's decision?

Businesses and individuals bringing Section 1981 claims now face a stricter causation test. They must show race made the decisive difference, not merely played some role.

What is the next procedural step after this Supreme Court decision?

The Supreme Court's work on this docket is over. Lower courts must use the but-for causation standard in any further proceedings.

Decision

Decision record

What the Court decided

A plaintiff suing under Section 1981 must prove the alleged harm would not have happened but for race.

Impact

The decision sets a tougher proof rule for Section 1981 race-discrimination suits involving contracts and business deals. For example, a company claiming it lost a carriage or licensing deal because of race must show the deal would have happened but for race.

Not official Court text.

Opinion documents