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
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.
- [1] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 24
- [2] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 37
- [3] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 38
- [4] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 44
- [5] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 46
- [6] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 49
- [7] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 51
- [8] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 54
- [9] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 58
- [10] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 59
- [11] 8362abb9c55680636e57-r1-7163a04b2b3940a6.pdf, p. 60
What the Court decided
Why it matters
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.