WASHINGTON – On news this morning of the Supreme Court’s ruling in  Comcast Corp. v. National Association of African American-Owned Media and Entertainment Studios Networks, Inc., Constitutional Accountability Center President Elizabeth Wydra said: 

We are disappointed by today’s ruling by the Supreme Court. We are concerned that requiring a showing of but-for causation for these sorts of discrimination claims ignores not only the text and history of the statute, but also the reality of how racial discrimination functions in workplaces across this nation. As we explained in a brief filed on behalf of Members of Congress, the plain text of Section 1981 does not require a showing of but-for causation, unlike other statutes which contain causal phrases like “because of” and “results from.” Racial discrimination can infect the contract formation process, and that isn’t altered simply because those contract negotiations ultimately would have failed based on other grounds; the other grounds do not serve as a disinfectant.  

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Resources:

CAC case page in Comcast Corp. v. National Association of African American–Owned Media and Entertainment Studios Networks, Inc.:  https://www.theusconstitution.org/litigation/comcast-corp-v-national-association-of-african-american-owned-media-and-entertainment-studios-networks-inc/

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Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

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