Supreme Court justices heard a major racial bias case Wednesday and struggled over whether to make it harder or easier for a black entrepreneur to sue and win a discrimination suit under the nation’s oldest civil rights law.
Justice Elena Kagan said Allen may not have enough evidence now to prove that he was turned away by Comcast because of his race. But he cited adequate reasons to think race may have been a “motivating factor” in the decision, she said.“This is a complaint,” she said. “The plaintiff is not going to know what the defendant was thinking about in making whatever contract decisions the defendant was making....
However, Justices Stephen G. Breyer and Brett M. Kavanaugh said they agreed with Kagan’s view that the court should not set a high barrier to block lawsuits at the start. However, all three agreed that to win in the end, Allen as well as other plaintiffs would have to prove that racial bias was the reason they were denied a contract.
“We can infer from the allegations in the [complaint] that discriminatory intent played at least some role in Comcast’s refusal to contract with Entertainment Studios, thus denying the latter the same right to contract as a white-owned company,” wrote Judge Mary Schroeder.which agreed in June to hear the case.
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