Comcast Corporation, Petitioner v. National Association of African American-Owned Media

Summary

The Supreme Court held that a plaintiff suing under 42 U.S.C. § 1981 must plead and ultimately prove that race was a but-for cause of its injury, rejecting Entertainment Studios Network's invitations to import Title VII's 'motivating factor' test and to accept a reduced showing at the pleading stage. Drawing on the statute's text, the history of the Civil Rights Act of 1866, and precedent—including the parallel construction of § 1982—the Court concluded the but-for burden remains constant from filing through judgment. Because the Ninth Circuit had applied a mistaken 'some role' causation test, the Court vacated its judgment and remanded for evaluation of ESN's complaint under the correct standard, while expressly reserving whether § 1981 protects only contractual outcomes or the contracting process as well.