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

Docket No.18-1171
Op. Below9th Cir.
ArgumentNov 13, 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 Neil Gorsuch on Mar 23, 2020. Justice Ginsburg filed an opinion concurring in part and concurring in the judgment.

Proceedings & orders timeline

Mar 8, 2019
Petition for a writ of certiorari filed. (Response due April 10, 2019)
Apr 10, 2019
Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Apr 10, 2019
Brief of respondents National Association of African American-Owned Media, et al. in opposition filed.
Apr 29, 2019
Reply of petitioner Comcast Corporation filed.
Apr 30, 2019
DISTRIBUTED for Conference of 5/16/2019.
May 15, 2019
Rescheduled.
May 20, 2019
DISTRIBUTED for Conference of 5/23/2019.
May 28, 2019
DISTRIBUTED for Conference of 5/30/2019.
Jun 3, 2019
DISTRIBUTED for Conference of 6/6/2019.
Jun 10, 2019
Petition GRANTED limited to Question 1 presented by the petition.
Jun 18, 2019
Joint motion for an extension of time to file the briefs on the merits filed.
Jun 26, 2019
Joint 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 8, 2019
SET FOR ARGUMENT on Wednesday, November 13, 2019.
Aug 5, 2019
Blanket Consent filed by Respondents, National Association of African American-Owned Media, et al.
Aug 6, 2019
Blanket Consent filed by Petitioner, Comcast Corporation.
Aug 8, 2019
Joint appendix filed. (Statement of costs filed)
Aug 8, 2019
Brief of petitioner Comcast Corporation filed.
Aug 15, 2019
Brief amicus curiae of Center for Workplace Compliance filed.
Aug 15, 2019
Brief amicus curiae of Washington Legal Foundation filed.
Aug 15, 2019
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Aug 15, 2019
Brief amicus curiae of United States filed.
Sep 3, 2019
CIRCULATED
Sep 16, 2019
Record requested from the U.S.C.A. 9th Circuit.
Sep 17, 2019
Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Sep 17, 2019
Record received from the U.S.D.C. Central District of California is electronic and located on PACER.
Sep 17, 2019
Brief amicus curiae of Issues4Life Foundation filed. (Distributed)
Sep 23, 2019
Brief of respondents National Association of African American-Owned Media, et al. filed. (Distributed)
Sep 26, 2019
Brief amici curiae of Law & History Professors filed. (Distributed)
Sep 27, 2019
Brief amici curiae of Torts Scholars filed. (Distributed)
Sep 27, 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 30, 2019
Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed)
Sep 30, 2019
Brief amici curiae of Members of Congress filed. (Distributed)
Sep 30, 2019
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Sep 30, 2019
Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed).
Sep 30, 2019
Brief amici curiae of Employment Law Professors filed. (Distributed)
Oct 15, 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 23, 2019
Reply of petitioner Comcast Corporation filed. (Distributed)
Nov 13, 2019
Argued. 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, 2020
Judgment 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, 2020
JUDGMENT ISSUED.

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