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Charter Communications Inc. v. National Association of African American-Owned Media

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Petition for certiorari granted, judgment vacated and case remaned to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of Comcast Corp. v. National Association of African American-Owned Media, on March 30, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
18-1185 9th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether, in accordance with the Supreme Court’s directive that “but-for” causation is the default rule for federal anti-discrimination statutes, the implied cause of action under 42 U.S.C. § 1981 enacted in the Civil Rights Act of 1866 imposes a but-for standard of causation or instead incorporates the “motivating factor” standard first created in the late 20th century for Title VII claims; and (2) whether a cable operator has a First Amendment right to include racial considerations among the factors it evaluates in making editorial determinations as to what programming to carry on its limited bandwidth.

DateProceedings and Orders (key to color coding)
Mar 08 2019Petition for a writ of certiorari filed. (Response due April 12, 2019)
Apr 10 2019Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Apr 12 2019Brief of respondents National Association of African American-Owned Media, et al. in opposition filed.
Apr 29 2019Reply of petitioner Charter Communications, Inc. filed.
Apr 30 2019DISTRIBUTED for Conference of 5/16/2019.
May 15 2019Rescheduled.
May 20 2019DISTRIBUTED for Conference of 5/23/2019.
May 28 2019DISTRIBUTED for Conference of 5/30/2019.
Jun 03 2019DISTRIBUTED for Conference of 6/6/2019.
Mar 23 2020DISTRIBUTED for Conference of 3/27/2020.
Mar 30 2020Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Comcast Corp. v. National Assn. of African American-Owned Media, 589 U. S. ___ (2020). The Chief Justice took no part in the consideration or decision of this petition.
May 01 2020JUDGMENT ISSUED.