Comcast v. National Assn. of African-American Owned Media
In brief
The Court required proof that race was the but-for cause of the injury, wiped out the lower court’s judgment (vacated it), and sent the case back (remanded it) without finally deciding who wins.
- Where it stands
- Decided
Decided 9-0 · March 23, 2020 · Opinion by Justice Ginsburg
- 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.
- Who it affects
- A §1981 plaintiff must show race was necessary to the injury, not merely one factor in the decision. Because the Court sent this case back, the record does not say whether the media company ultimately wins.
Summary: written with AI from the case record.
What it's about
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.
The case sits at the intersection of contract rights and federal race-discrimination law, focusing on the proof needed to show race caused an injury.
Question presented
Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation?
What the Court decided
Holding
A §1981 plaintiff bears the burden of showing that the plaintiff’s race was a but-for cause of its injury, and that burden remains constant over the life of the lawsuit. 106, vacated and remanded.
- Result
- Vacated
The vote
What's next
The Ninth Circuit must take another look at the case using the but-for standard. The record does not provide the media company’s final outcome.
Documents
Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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Opinion added: opinion
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Brief added: Petition
Brief added: Questions Presented
More questions
- What did the Supreme Court decide in Comcast?
- It required a §1981 plaintiff to show race was the but-for cause—meaning the injury would not have happened without race. That burden stays the same throughout the lawsuit.
- What happened to the Ninth Circuit’s ruling in Comcast?
- The Court wiped out the Ninth Circuit’s judgment (vacated it) and sent the case back (remanded it) for further proceedings under that standard.
- What remains unresolved after Comcast?
- The Supreme Court did not decide whether the media company ultimately wins. The Ninth Circuit must continue the case under the but-for standard.
- What happens next in Comcast’s case?
- The Ninth Circuit will take another look using the but-for standard. The record does not provide the case’s final outcome.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.