2019 Supreme Court term

COMCAST CORPORATION v. NATIONAL ASSOCIATION OF AFRICAN AMERICAN-OWNED MEDIA, ET AL.

Dockets 18-1171Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

Guide pending. Verified case metadata and available source documents are shown below while a supported explanation is prepared.

Background and question before the Court

According to Comcast Corporation, comcast argues that the 1991 amendment to Title VII created a motivating‑factor standard but did not amend Section 1981 to provide the same standard.

What each side argues

Comcast Corporation

According to Comcast Corporation, comcast argues that the 1991 amendment to Title VII created a motivating‑factor standard but did not amend Section 1981 to provide the same standard.

National Association of African American‑Owned Media

Source-limited. The record does not yet support a complete account.

What happened at oral argument

Justice Sotomayor asked why the issue was not actionable.

Justice Alito asked what the burden of persuasion was in this case.

Justice Kagan asked about the burden of persuasion as to what issue.

Justice Breyer asked why, on the same facts, the plaintiff could not assert a but‑for causal claim.

Justice Gorsuch asked whether a hypothetical would satisfy the but‑for test.

Justice Gorsuch asked whether it would be unusual to apply a motivating‑factor test at pleading and a but‑for test at trial.

Justice Alito asked what would happen if the complaint alleged a motivating‑factor rather than but‑for causation.

Justice Gorsuch asked whether the Ninth Circuit was wrong.

Justice Breyer asked whether the party thought they would win.

Chief Justice Roberts asked whether the focus was on the availability of the burden‑shifting mechanism.

Justice Sotomayor asked whether the but‑for reason was the basis for the denial of a contract.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdforal argument transcript

Guide generated September 26, 2026. Automated validation accepted this version.