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Comcast Corp. v. National Association of African American-Owned Media

Docket No. Argument Opinion Vote Author Term
18-1171 Nov 13, 2019 Mar 23, 2020 9-0 Gorsuch OT 2019

Holding: A plaintiff who sues for racial discrimination in contracting under 42 U.S.C. §"1981 bears the burden of showing that race was a but-for cause of the plaintiff"s injury, and that burden remains constant over the life of the lawsuit.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Gorsuch on March 23, 2020. Justice Ginsburg filed an opinion concurring in part and concurring in the judgment.

DateProceedings and Orders (key to color coding)
03/08/2019Petition for a writ of certiorari filed. (Response due April 10, 2019)
04/10/2019Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
04/10/2019Brief of respondents National Association of African American-Owned Media, et al. in opposition filed.
04/29/2019Reply of petitioner Comcast Corporation filed.
04/30/2019DISTRIBUTED for Conference of 5/16/2019.
05/15/2019Rescheduled.
05/20/2019DISTRIBUTED for Conference of 5/23/2019.
05/28/2019DISTRIBUTED for Conference of 5/30/2019.
06/03/2019DISTRIBUTED for Conference of 6/6/2019.
06/10/2019Petition GRANTED limited to Question 1 presented by the petition.
06/18/2019Joint motion for an extension of time to file the briefs on the merits filed.
06/26/2019Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 8, 2019. The time to file respondents' brief on the merits is extended to and including September 23, 2019.
07/08/2019SET FOR ARGUMENT on Wednesday, November 13, 2019.
08/05/2019Blanket Consent filed by Respondents, National Association of African American-Owned Media, et al.
08/06/2019Blanket Consent filed by Petitioner, Comcast Corporation.
08/08/2019Joint appendix filed. (Statement of costs filed)
08/08/2019Brief of petitioner Comcast Corporation filed.
08/15/2019Brief amicus curiae of Center for Workplace Compliance filed.
08/15/2019Brief amicus curiae of Washington Legal Foundation filed.
08/15/2019Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
08/15/2019Brief amicus curiae of United States filed.
09/03/2019CIRCULATED
09/16/2019Record requested from the U.S.C.A. 9th Circuit.
09/17/2019Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
09/17/2019Record received from the U.S.D.C. Central District of California is electronic and located on PACER.
09/17/2019Brief amicus curiae of Issues4Life Foundation filed. (Distributed)
09/23/2019Brief of respondents National Association of African American-Owned Media, et al. filed. (Distributed)
09/26/2019Brief amici curiae of Law & History Professors filed. (Distributed)
09/27/2019Brief amici curiae of Torts Scholars filed. (Distributed)
09/27/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/30/2019Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed)
09/30/2019Brief amici curiae of Members of Congress filed. (Distributed)
09/30/2019Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
09/30/2019Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed).
09/30/2019Brief amici curiae of Employment Law Professors filed. (Distributed)
10/15/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/23/2019Reply of petitioner Comcast Corporation filed. (Distributed)
11/13/2019Argued. For petitioner: Miguel Estrada, Washington, D. C.; and Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Erwin Chemerinsky, Berkeley, Cal.
03/23/2020Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined, and in which Ginsburg, J., joined except for the footnote. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment.
04/24/2020JUDGMENT ISSUED.