EXCLUSIVE: Heading towards a $20 billion showdown with Comcast at the U.S. Supreme Court this fall in his long running racial discrimination lawsuit against the media giant, Byron Allen today tore …
’s DOJ and Comcast are working together to destroy a civil rights statute in the U.S. Supreme Court.”
“Although the statute does not expressly describe the necessary causal link between a plaintiff ’s race and a defendant’s refusal to contract, the text is most naturally read to require but-for causation, and background common-law principles confirm that a but-for rule applies,” the incensory submission last week from Solicitor General Noel Francisco and Assistant AG Joseph Hunt argues .
The feds’ brief leaning into the law to require that Entertainment Studios has to prove that race was not merely a motivating factor, as 9th Circuit interpreted the statute earlier this summer. Now, under the DOJ’s take of the stature, Allen’s lawyers could be required to prove that race was absolutely only reason that Comcast didn’t place the company’s channels on its distribution services and platforms.
“Comcast, in the name of profits, is compromising everyone’s civil rights,” the CEO and Joe Biden-donor proclaimed. “If you think you have a good case, take me to court. Deal with me. Don’t jeopardize everybody’s civil rights.”
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