ARRA News Service
News Blog for social, fiscal & national security conservatives who believe in God, family & the USA. Upholding the rights granted by God & guaranteed by the U.S. Constitution, traditional family values, "republican" principles / ideals, transparent & limited "smaller" government, free markets, lower taxes, due process of law, liberty & individual freedom. Content approval rests with the ARRA News Service Editor. Opinions are those of the authors. While varied positions are reported, beliefs & principles remain fixed. No revenue is generated for or by this "Blog" - no paid ads - no payments for articles. Fair Use Doctrine is posted & used.
Blogger/Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: editor@arranewsservice.com (Pub. Since July, 2006)
    Home Page
   

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Wednesday, March 25, 2020

Supreme Court Refuses to Rewrite Civil Rights Law in Comcast Case

Entrepreneur Byron Allen sued Comcast Corp.
for failing to carry his television channels.
by Hans von Spakovsky: In a decision applying the 1866 Civil Rights Act as written and intended by Congress, the Supreme Court on Monday unanimously overturned the 9th U.S. Circuit Court of Appeals (no surprise there) and held that entrepreneur Byron Allen had not established a case against Comcast Corp. for failing to carry his television channels.

Allen, a former comedian, owns Entertainment Studios Network, which carries such scintillating (I am being facetious) channels as Pets.TV, Recipe.TV, MyDestination.TV, and Cars.TV.

Allen wanted Comcast to carry his channels on its cable network, but Comcast refused. It cited a lack of demand for ESN’s programming, bandwidth constraints, and its preference for news and sports programming that ESN doesn’t offer.

When Allen couldn’t get the contract he wanted, ESN, along with the National Association of African American-Owned Media, sued Comcast for $20 billion in lost revenue.

Allen, who is black, claimed that Comcast had refused to contract with him for racial reasons because the cable company supposedly disfavored “100% African American-owned media companies,” even though ESN didn’t dispute that Comcast “had offered legitimate business reasons for refusing to carry its channels,” according to the court.

This, ESN alleged, violated the Civil Rights Act of 1866, codified at 42 U.S.C. § 1981, which guarantees all persons “the same right … to make and enforce contracts … as is enjoyed by white citizens.”

A federal district court dismissed the lawsuit for failing to show that, were it not for racial animus, Comcast would have contracted with ESN. But the dismissal only occurred after the trial court gave Allen two additional opportunities to produce facts supporting ESN’s claims of racial discrimination.

The 9th Circuit, one of the most overturned appellate courts in the country, reversed, claiming that §1981 only required ESN to show that race played “some role” in Comcast’s refusal to contract with ESN, adopting ESN’s argument that all it had to show was that race was a “motivating factor” in Comcast’s refusal to enter into a contract with ESN.

In a unanimous opinion written by Justice Neil Gorsuch in Comcast Corp. v. National Association of African American-Owned Media, the justices disagreed with the 9th Circuit. They held that the 1866 Civil Rights Act—§1981—did not create an exception to the general rule that tort plaintiffs bear the burden of proving “but-for-causation” for their injury, and that burden applies throughout the life of the lawsuit.

In other words, a plaintiff such as Allen has to show that the proximate reason ESN did not get a contract with Comcast was directly because of his race. Put another way, Allen had to prove that if he had not been black, he would have gotten a network contract.

That is the “ancient and simple” common-law rule that applies to all tort claims, Gorsuch wrote. The same rule also applies to all federal anti-discrimination statutes unless Congress creates an explicit exception.

Congress did not do so when it enacted §1981, which was passed “in the aftermath of the Civil War to vindicate the rights of former slaves,” as demonstrated not only by “the statute’s text,” but also by “its history.”

ESN urged the court essentially to amend the statute by applying the “motivating factor” causation test of Title VII of the Civil Rights Act of 1964 to §1981. But the court refused “to import” that provision into the 1866 Civil Rights Act.

That’s something Congress can do through the democratic process, not the courts. As Gorsuch said, “We have two statutes with two distinct histories, and not a shred of evidence that Congress meant them to incorporate the same causation standard.”

In fact, the Lawyers’ Committee for Civil Rights Under Law, a liberal group, criticized the decision, claiming that it “weakens our nation’s oldest civil rights statute.”

In applying the actual language of the statute, the justices didn’t “weaken” the law. They just didn’t rewrite it the way the Lawyer’s Committee and other so-called civil rights groups wanted them to.

The only disagreement among the nine justices was from Justice Ruth Bader Ginsburg, who took exception to one minor point contained in a single footnote of Gorsuch’s opinion.

While Gorsuch stated that the issue was not properly before the court and should be reserved “for another day,” Ginsburg would have held that §1981’s ban on racial discrimination covers not only the final decision whether to enter a contract, but also the earlier stages of the contract formation process.

Although Comcast won a significant victory before the Supreme Court, this is probably not the end of the case, and a lot of lawyers are going to keep earning big bucks in this litigation unless ESN drops the suit.

That’s because the high court did not entirely dismiss ESN’s lawsuit. Instead, it held that the 9th Circuit applied the wrong standard for evaluating a discrimination claim under §1981.

Thus, it vacated the lower court decision and sent the case back down to the 9th Circuit to apply the correct standard to ESN’s claims.

So, we may be hearing more about this cable television dispute for years to come.
---------------------------------
Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative. More ARRA News Service articles by or about Hans von Spakovsky.

Tags: Hans von Spakovsky, Supreme Court, Refuses to Rewrite, Civil Rights Law, in Comcast Case To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 2:55 PM - Post Link

0 Comments:

Post a Comment

<< Home


View U.S. National Debt

Don't miss anything!
Subscribe to the
ARRA News Service
It's FREE & No Ads!

You will receive a verification email
& must validate you subscribed!

You Then Receive One Email Each AM
With Prior Days Articles / Toons / More


Also, Join & leave conservative posts & comments on
Facebook.com/ARRANewsService


Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru - @arra
#Christian Conservative; Retired USAF & Grad Professor. Constitution NRA ProLife schoolchoice fairtax - Editor ARRA NEWS SERVICE. THANKS FOR FOLLOWING!

Action Links!
State Upper & Lower House Members
State Attorney Generals
State Governors
The White House
US House of Representatives
US Senators
GrassFire
NumbersUSA
Ballotpedia

Facebook Accts - Dr. Bill Smith
Pages:
ARRA News Service
Arkansans Against Big Government
Alley-White Am. Legion #52
Catholics & Protestants United Against Discrimination
End Taxpayer Funding of NPR
Overturn Roe V. Wade
Prolife Soldiers
Project Wildfire 4 Life
Republican Liberty Caucus of Arkansas
The Gold Standard
US Atty Gen Loretta Lynch, aka Eric Holder, Must Go
Veterans for Sarah Palin
Why Vote for Hillary (Satire)
FB Groups:
Arkansas For Sarah Palin
Arkansas Conservative Caucus
Arkansas County Tea Party
Arkansans' Discussion Group on National Issues
Blogs for Borders
Conservative Solutions
Conservative Voices
Defend Marriage -- Arkansas
FairTax
FairTax Nation
Arkansas for FairTax
Friends of the TEA Party in Arkansas
Freedom Roundtable
Pro-Life Rocks - Arkansas
Republican Network
Republican Liberty Caucus of AR
Reject the U.N.

Patriots
Exchange
Links

Request Via
Article Comment

Links to ARRA News
A Patriotic Nurse
Agora Associates
a12iggymom's Blog
America, You Asked For It!
Americans for a Free Republic
America's Best Choice
ARRA News Twitter
As The Crackerhead Crumbles
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report
Chuck Baldwin - links
Common Cents
Conservative Voices
Defeat Obama's Agenda
Diana's Corner
Greater Fitchburg For Life
Lasting Liberty Blog
Liberal Isn't Amy
Maggie's Notebook
Marathon Pundit
Patriot's Corner
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Secure Arkansas
Sultan Knish
The Blue Eye View
The Born Again Americans
TEA Party Cartoons
The Foxhole | Unapologetic Patriot
The Liberty Republican
The Lid
The Maritime Sentry
The O Word
The Path to Tyranny Blog
The Real Polichick
The War on Guns
TOTUS
Twitter @ARRA
Underground Notes
Warning Signs
Women's Prayer & Action
WyBlog

Editor's Managed Twitter Accounts
Twitter Dr. Bill Smith @arra
Twitter Arkansas @GOPNetwork
Twitter @BootBerryism
Twitter @SovereignAllies
Twitter @FairTaxNation

Editor's Recommended Orgs
Accuracy in Media (AIM)
American Action Forum (AAF)
American Committment
American Culture & Faith Institute
American Enterprise Institute
American Family Business Institute
Americans for Limited Government
Americans for Prosperity
Americans for Tax Reform
American Security Council Fdn
AR Faith & Ethics Council
Arkansas Policy Foundation
Ayn Rand Institute
Bill of Rights Institute
Campaign for Working Families
CATO Institute
Center for Individual Freedom
Center for Immigration Studies
Center for Just Society
Center for Freedom & Prosperity
Citizens Against Gov't Waste
Citizens in Charge Foundstion
Coalition for the Future American Worker
Competitive Enterprise Institute
Concerned Veterans for America
Concerned Women for America
Declaration of Am. Renewal
Eagle Forum
FairTax
Family Research Council
Family Security Matters
Franklin Center for Gov't & Public Integrity
Freedom Works
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
Heritage Action for America
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
Intercollegiate Studies Institute
Judicial Watch
Less Government
Media Reseach Center
National Center for Policy Analysis
National Right To Work Foundation
National Rifle Association (NRA)
National Rifle Association (NRA-ILA)
News Busters
O'Bluejacket's Patriotic Flicks
OathKeepers
Open Secrets
Presidential Prayer Team
Religious Freedom Coalition
Renew America
Ron Paul Institute
State Policy Network
Tax Foundation
Tax Policy Center
The Club for Growth
The Federalist
The Gold Standard Now
The Heritage Foundation
The Leadership Institute
Truth in Accounting
Union Facts



Blogs For Borders

Reject the United Nations

Presidential Prayer Team

Thousands of Deadly Islamic Terror Attacks Since 9/11


FairTax Nation on FaceBook
Friends of Israel - Stand with Israel
Blog Feeds
Syndicated - Get the ARRA News Service feed Syndicated!
ARRA Blog Feed

Add to Google Reader or Homepage

Add to The Free Dictionary

Powered by Blogger


  • To Exchange Links - Email: editor@arranewsservice.com!
  • Comments by contributing authors or other sources do not necessarily reflect the position the editor, other contributing authors, sources, readers, or commenters. No contributors, or editors are paid for articles, images, cartoons, etc. While having reported on and promoting principles & beleifs beliefs of other organizations, this blog/site is soley controlled and supported by the editor. This site/blog does not advertise for money or services nor does it solicit funding for its support.
  • Fair Use: This site/blog may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. Such material is made available to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. This constitutes a 'fair use' of such copyrighted material as provided for in section Title 17 U.S.C. Section 107 of the US Copyright Law. Per said section, the material on this site/blog is distributed without profit to readers to view for the expressed purpose of viewing the included information for research, educational, or satirical purposes. Any person/entity seeking to use copyrighted material shared on this site/blog for purposes that go beyond "fair use," must obtain permission from the copyright owner.
  • © 2006 - 2020 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.