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

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Docket No. Op. Below Argument Opinion Vote Author Term
18-1171 9th Cir. 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 08 2019Petition for a writ of certiorari filed. (Response due April 10, 2019)
Apr 10 2019Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Apr 10 2019Brief of respondents National Association of African American-Owned Media, et al. in opposition filed.
Apr 29 2019Reply of petitioner Comcast Corporation 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.
Jun 10 2019Petition GRANTED limited to Question 1 presented by the petition.
Jun 18 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jun 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.
Jul 08 2019SET FOR ARGUMENT on Wednesday, November 13, 2019.
Aug 05 2019Blanket Consent filed by Respondents, National Association of African American-Owned Media, et al.
Aug 06 2019Blanket Consent filed by Petitioner, Comcast Corporation.
Aug 08 2019Joint appendix filed. (Statement of costs filed)
Aug 08 2019Brief of petitioner Comcast Corporation filed.
Aug 15 2019Brief amicus curiae of Center for Workplace Compliance filed.
Aug 15 2019Brief amicus curiae of Washington Legal Foundation filed.
Aug 15 2019Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Aug 15 2019Brief amicus curiae of United States filed.
Sep 03 2019CIRCULATED
Sep 16 2019Record requested from the U.S.C.A. 9th Circuit.
Sep 17 2019Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Sep 17 2019Record received from the U.S.D.C. Central District of California is electronic and located on PACER.
Sep 17 2019Brief amicus curiae of Issues4Life Foundation filed. (Distributed)
Sep 23 2019Brief of respondents National Association of African American-Owned Media, et al. filed. (Distributed)
Sep 26 2019Brief amici curiae of Law & History Professors filed. (Distributed)
Sep 27 2019Brief amici curiae of Torts Scholars filed. (Distributed)
Sep 27 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 30 2019Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed)
Sep 30 2019Brief amici curiae of Members of Congress filed. (Distributed)
Sep 30 2019Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Sep 30 2019Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed).
Sep 30 2019Brief amici curiae of Employment Law Professors filed. (Distributed)
Oct 15 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 23 2019Reply of petitioner Comcast Corporation filed. (Distributed)
Nov 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.
Mar 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.
Apr 24 2020JUDGMENT ISSUED.