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Today we filed an amicus brief in the U.S. Supreme Court on behalf of 10 Civil Rights Litigating Organizations in a case that may strike a devastating blow to the integrity of our nation’s oldest civil rights statute. #ComcastvNAAAOM naacpldf.org/wp-content/upl…
The case involves the standards for claims brought under 42 USC Section 1981, which derives from the Civil Rights Act of 1866. This statute speaks explicitly abt the intention of its framers to ensure that all ppl have the same economic & legal rights as “white citizens.” 
The purpose of the statute was to ensure that African Americans would be on equal economic and legal footing with white ppl after the end of the Civil War. Section 1981 covers discrimination not only by states, but by private parties as well.
The question before the SCOTUS is whether a plaintiff bringing a claim under Section 1981 must show in their allegations that the decision or denial complained of, would not have been taken “but for” racial discrimination?
The petitioner suggests that so long as there are also race neutral reasons for the action taken, racism cannot be regarded as the “but for” cause of the action. This would mean that “some racism”as the motivation for a decision is allowed.
But this excerpt from our amicus brief shows how racism often works: naacpldf.org/wp-content/upl…
Section 1981 is an important civil rights litigation tool. It is used in “shopping while Black” cases, employment discrimination, housing, banking, and to challenge policing practices - including our 2013 case challenging trespass arrests of residents in NYC public housing.
Joining us on our brief are ten civil rights litigating organizations deeply familiar w/what is at stake for plaintiffs bringing claims under section 1981. @ACLU @latinojustice @MALDEF @nwlc @americansunited @FarmwrkrJustice @KorematsuCtr @impactfund @OuttenGolden & @scsj
