today — and that very fact has elevated his industry-centric litigation into one with legal and political implications.
“If successful, Comcast’s arguments would, in many cases, impose an impossible pleading burden on victims of discrimination and prevent them from vindicating meritorious claims,” attorneys for the NAACP Legal Defense & Education Fund argued in a friend-of-the-court brief in September. By contrast, Allen’s legal team contends that the 1866 law sets no such “but for” threshold, and he instead has to show that race was a motivating factor in Comcast’s decision. In other words, Comcast can’t get out of the case merely by claiming that it had business reasons for rejecting the channel.
They wrote that Allen raised “sufficient allegations from which we can plausibly infer that Entertainment Studios experienced disparate treatment due to race and was thus denied the same right to contract as a white-owned company.” Ayesha Hardaway, assistant professor at Case Western Reserve University School of Law, cited the composition of the court and the fact that the Trump administration is siding with Comcast. Solicitor General Noel Francisco is being allotted part of Comcast’s time during oral arguments to make their case.
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