181171 Comcast Corporation versus National Association of africanamerican owned media. To mister chief justice may have please the court what is held in this case the plaintiff makes a claim merely by showing that race was a factor considered in the defendants decisionmaking even though the decision would have made and was made for the tightly appropriate business reason having nothing to do with race perk on this basis the ninth circuit for dismissal we submit this is wrong for the reasons that first it is contrary to the courts decision that but for causation is the rule that congress would have to have adopted and then adopted in 1866 are amended in 1991. Second in 1991 and then for the motivating factor and then in other respects at the same time so this shows as this was concluded with respect to the ada and third if he vastly easier to put that and or damages to apply cause of action because it actually enacted by congress and then to mean that in 1981 word completely display the
181171, comcast versus the africanamerican owned media. Mr. Estrada . Mr. Chief justice and may it please the cure the, the main circle held in this case that a plaintiff may succeed in a 1981 claim merely by showing that race was a factor in the defendants Decision Making even if the decision would have made and was made for entirely appropriate business reasons having nothing to do with race. Solely on this basis, the 9th circuit saved the plaintiffs third complaint from dismissal. We submit that this decision is wrong and should be reversed for at least three reasons. The first is that it is to this courts decision, holding that but for the background rule that Congress Must presume to have been adopt individual federal staff toots unless the statute provides otherwise which we submit section 1981 does not and originally adopted in 1866 or amended in 1991. Second, in 1991 congress amended title 7 to provide for a motivating factor standard, but did not amend 1991 the same even thoug
Future. And the Nonpartisan Congressional Budget Office has told us that the houses proposal will not generate sustainability of Pension Plans or the sustainability of the pbgc. So we better not spend time on something the Congressional Budget Office just isnt going to bring a solution and definitely not a longterm solution. In contrast, the proposal that senator alexander and i are releasing today addresses the immediate needs of the few multiemployer plans facing immediate crisis in a manner that protects participant benefits and also ensures a sustainable multiemployer Pension System for the long haul. And it does this all in a fiscally responsible way. Our proposal is not a giveaway to corporations or to unions, and its a better deal for the taxpayers at the same time than a future that even with a larger problem and a pbgc funding needs that will almost surely be met with a taxpayer bailout. All participants in the system would make a sacrifice. Let me make that clear. All partici
The National Association of africanamerican owned media. Mr. Scott. Mr. Chief justice may i please the court. The plaintiff may succeed in the 1981 claim merely by showing that it was a factor considered in the defendants decisionmaking even if the decision would have made and was made for entirely appropriate business reasons having nothing to do with race. On this basis they saved them from dismissal. We submit that the decision is wrong and should be reversed for three reasons. First it is contrary to the decisions holding that it is the backbone Congress Must pursue in the federal statutes unless they provide otherwise which we would submit it does not. Second, in 1991, congress amended title vii to provide for the motivating factor standard but did not amend to provide the same even though it was amended in 1981 and other respects at the same time. This shows section 1981 as it requires with respect to the aea in retaliation provisions of title seven. Third, if affirmed it would b
Held in this case the plaintiff makes a claim merely by showing that race was a factor considered in the defendants decisionmaking even though the decision would have made and was made for the tightly appropriate business reason having nothing to do with race perk on this basis the ninth circuit for dismissal we submit this is wrong for the reasons that first it is contrary to the courts decision that but for causation is the rule that congress would have to have adopted and then adopted in 1866 are amended in 1991. Second in 1991 and then for the motivating factor and then in other respects at the same time so this shows as this was concluded with respect to the ada and third if he vastly easier to put that and or damages to apply cause of action because it actually enacted by congress and then to mean that in 1981 word completely display the carefully tailored White Congress has devised to influence the discrimination case. Nobody would ever assume title vii. Council, what if your di