Editor's Note :

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On Friday, the Supreme Court released orders from the January 17 conference, granting six cases for a total of three hours of oral argument. The justices are expected to release additional orders from the conference on Tuesday at 9:30 a.m.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Shular v. United States. Click to read our preview from Leah Litman.
On Tuesday at 11:00 a.m., the justices will hear oral argument in GE Energy Power Conversion France v. Outokumpu Stainless USA. Click to read our preview from Ronald Mann.

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

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-1185 9th Cir. TBD TBD TBD TBD TBD

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.
Term Snapshot
At a Glance