Comcast v. National Association of African-American Owned Media

U.S. Supreme Court

Question(s) Presented

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

Tab Group

Petition Stage

Cert. petition granted limited to Question 1 presented by the petition

June 10, 2019

The Supreme Court granted review to determine whether a claim of racial discrimination may proceed even if racial animus was not the but-for cause of a defendant’s action, so long as a plaintiff can still demonstrate that discriminatory intent was a factor in that action. In this case, the Ninth Circuit had ruled that the plaintiffs—suing on behalf of an African-American owned cable channel—could proceed with a claim that Comcast discriminated against “100% African American–owned media companies” even though it carried other minority owned channels, including other 100% African-American owned channels.

The U.S. Chamber filed amicus briefs urging the Court to take this and a companion case.

U.S. Chamber files amicus brief urging the Supreme Court to grant cert. to clarify that race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

April 11, 2019

Click here to view the Chamber’s amicus brief.

Gregory Garre of Latham & Watkins LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents

U.S. Chamber Amicus Brief -- National Association of African-American Owned Media v. Comcast (U.S. Supreme Court).pdf

Cert. Petition -- National Association of African-American Owned Media v. Comcast (U.S. Supreme Court).pdf