Monday, March 23, 2020

SCOTUS opinion in Comcast

The Supreme Court announced its opinion in Comcast today. The Court held that a Section 1981 plaintiff is required to establish “but for” cause to prevail.  The Court claimed that statutes have a default rule for causation: a plaintiff is required to establish “but for” causation.  The Court held there may be exceptions to this canon of construction, but that none were present in this case. The reasoning of the case largely rehashes the arguments adopted in Gross and Nassar.  Surprisingly, the opinion is joined by all of the Justices.  Justice Ginsburg did not join one footnote and wrote a concurring opinion.  I will write more about the opinion soon. https://www.supremecourt.gov/opinions/19pdf/18-1171_4425.pdf

Sandra Sperino

https://lawprofessors.typepad.com/laborprof_blog/2020/03/scotus-opinion-in-comcast.html

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