Posted on 03/25/2020 7:22:11 AM PDT by karpov
Those looking for good news these days can find it in a March 23 Supreme Court decision recognizing that sometimes people really do take actions based on factors other than race.
Even better, the court decision was unanimous. Great racial comity may result.
In Comcast v. National Association of African American-Owned Media, all nine justices agreed that in a tort lawsuit alleging racial discrimination, the plaintiff must prove that the business decision in question was indeed motivated by — get this — actual racial discrimination. Amazingly, common sense prevails.
Of course, for years, at least in contexts other than tort law, the Supreme Court has been narrowly and often bitterly divided about whether mere racial disparities, even without proof of racial intent, serve as grounds enough to penalize a defendant for racial discrimination. Sometimes the court’s race-related reasoning has been so convoluted that it invites more controversy into more cases, rather than giving a clear, easily applied answer. In one example, Grutter v. Bollinger in 2003, Justice Sandra Day O’Connor wrote for a bare 5-4 court majority that, in effect, the exact same legal standards for race-based remedies somehow should be applied differently 25 years hence than it was then.
In short, the court has let confusion reign in numerous areas of racial discrimination law.
That’s why the March 23 Comcast case was a welcome relief. To see all nine justices agree on a bright-line test for what does and doesn’t amount to unlawful discrimination is to believe legal sanity can return. (Justice Ruth Bader Ginsburg did write separately to take exception on one procedural front but otherwise joined the unanimous result.)
What’s especially encouraging is that the justices got it right.
(Excerpt) Read more at washingtonexaminer.com ...
unanimous? Was the dumb Latina stuck in an elevator?
That’s Incredible
This could put a big dent in Jesse Jackson’s racial shake down empire.
Glad to see this. Will be even better when whites quit overreacting to the accusation itself. Or when so called ‘racism’ is also looked at from that directed toward whites.
Hope this’ll put an end to disparate outcomes nonsense
National Association of African American-Owned Media
Oh look -- an inherently and irreparably racist organization!
The court couldn’t see the “penumbra” in this case.
9th Circus slapped down again
It’s nice. But all it does is prove that the Supremes would never rule against Comcast for any reason. The entire supreme court didn’t just suddenly become originalist.
Someone must have been hoping for a huge payout to keep it going all the way to the SC.
Racism will continue as long as the Congressional Black Caucus continues to exist. The Supreme Court needs to label the CBC a racist organization, and it should not be allowed to assemble in the hallowed halls of Congress.
OMG - - big long-term sane precedent... hallelujah.
And this is why the Senate must remain in GOP hands along with the presidency. The 9th Circuit was the court that reversed the original (correct) decision and essentially called Comcast racissss for not giving a black guys with a youtube-equivalent podcase-level viewership a channel on par with ESPN and Fox News.
So companies accused of racial discrimination are innocent until proven guilty. Imagine that. It’s almost like presumption of innocence is written into our Constitution or something.
Sarcasm aside, it’s nice to see some good news for a change.
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