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As Arguments Begin, Civil Rights Leaders Urge Supreme Court to Uphold One of the Nation’s Oldest Anti-Discrimination Statutes

NNPA NEWSWIRE — Section 1981 prohibits intentional race discrimination in contracting, and protects African Americans and other racial and ethnic minorities from discrimination in the workplace and marketplace. The law applies to all private and public actors and prohibits retaliation. It has been one of the cornerstones of the oldest and most storied pieces of civil rights laws for over 150 years.

Published

5 years ago

November 12, 2019

Oakland Post

WASHINGTON – Today, the U.S. Supreme Court will hear arguments that pit Comcast (CMCSA), America’s biggest cable provider, against National Association of African American-Owned Media and Entertainment Studios Networks, Inc., and more importantly one of the Nation’s oldest anti-discimination statutes, Section 1981 of the Civil Rights Act of 1866.

Section 1981 prohibits intentional race discrimination in contracting, and protects African Americans and other racial and ethnic minorities from discrimination in the workplace and marketplace. The law applies to all private and public actors and prohibits retaliation. It has been one of the cornerstones of the oldest and most storied pieces of civil rights laws for over 150 years.

Comcast is asking the Supreme Court to rule that intentional race discrimination claims brought under Section 1981 should be dismissed if plaintiffs are unable to show that race was the reason behind a discriminatory action, as opposed to a reason.

Civil rights leaders urge the Supreme Court to affirm the lower court’s ruling that intentional race discrimination claims under Section 1981 are viable if the plaintiff is able to show that race played a role in the challenged discriminatory decisions. A ruling by the Supreme Court requiring plaintiffs to prove that race was the but for reason of a discriminatory decision would make it nearly impossible for litigants to prevail in their cases and would result in meritorious cases being dismissed at the earliest stages of litigation.

Leaders representing the Lawyers’ Committee For Civil Rights Under law, the NAACP Legal Defense and Educational Fund, Inc. (LDF), NAACP, and The Leadership Conference on Civil and Human Rights, submitted “friend of the court” briefs in the case pending before the Supreme Court, Comcast v. National Association of African American-Owned Media and Entertainment Studios Networks, Inc.

“This is the most important racial justice case that will be heard by the Supreme Court this term,” said Kristen Clarke, president & executive director of the Lawyers’ Committee for Civil Rights Under Law. “An adverse ruling by the Court stands to impose a burdensome pleading standard in Section 1981 cases that would shut the courthouse door on victims of discrimination all across the country. Section 1981 is one of the oldest civil rights statutes that provides core protection from groups otherwise beyond the reach of civil rights statutes including independent contractors and gig economy workers. The Court should reject this challenge to help ensure that victims of discrimination get their day in court and have the opportunity to be heard.”

“Section 1981 is one of our nation’s oldest civil rights laws, specifically intended to end racial discrimination in contracting,” said Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights. “Every person, no matter who they are or what their race, should have fair and equitable access to opportunity and economic mobility. The Supreme Court must not weaken the vital protections of this historic civil rights statute.”

“All eyes should be on this critical case,” said Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense Fund. “An adverse decision by the Supreme Court could imperil the integrity of section 1981 as a tool for protecting the full economic and legal rights of Black people.”

“The case that sits before the Supreme Court is one of monumental importance to the protection and continuation of Black businesses and contractors, said Derrick Johnson,” President and CEO, NAACP. “The attempt to turn back the clock on one of the most vital civil rights protections is a grave threat to the very fabric of the nation — we will continue to fight so that section 1981 of the Civil Rights Act of 1866 is preserved for generations to come.”

Background

The case contends that both Comcast and Charter Communications violated Section 1981 after minority-owned Entertainment Studios attempted have the two cable systems carry its networks and were denied.

The Lawyers’ Committee for Civil Rights Under Law and NAACP LDF argue in their briefs that the position taken by Comcast is inconsistent with the plain text of Section 1981 and would frustrate the fundamental purpose of the provision—to place African Americans on equal footing as white citizens in our nation’s economy. Comcast urges the Supreme Court to hold that Section 1981 requires “but-for” causation if there are non-racial justifications, and that the telecom company’s claim should be dismissed without discovery or trial. 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.

The Lawyers’ Committee brief is joined by The Leadership Conference, NAACP and over 20 other organizations and can be read here. The NAACP Legal and Educational Defense Fund’s brief is joined by 10 other organizations and can be read here.

Listen to the audio from our press call for the filing of the briefs here

The Lawyers’ Committee for Civil Rights Under Law, a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. Now in its 56th year, the Lawyers’ Committee for Civil Rights Under Law is continuing its quest to “Move America Toward Justice.” The principal mission of the Lawyers’ Committee for Civil Rights Under Law is to secure, through the rule of law, equal justice for all, particularly in the areas of criminal justice, fair housing and community development, economic justice, educational opportunities, and voting rights.

The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership of more than 220 national organizations to promote and protect the rights of all persons in the United States. The Leadership Conference works toward an America as good as its ideals. For more information on The Leadership Conference and its member organizations, visit www.civilrights.org.

Founded in 1940, the NAACP Legal Defense and Educational Fund, Inc. (LDF) is the nation’s first civil and human rights law organization and has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957—although LDF was originally founded by the NAACP and shares its commitment to equal rights. LDF’s Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the NAACP Legal Defense Fund or LDF.

Founded in 1909, the NAACP is the nation’s oldest and largest nonpartisan civil rights organization. Its members throughout the United States and the world are the premier advocates for civil rights in their communities. You can read more about the NAACP’s work and our six “Game Changer” issue areas by visiting naacp.org

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Fighting to Keep Blackness

BlackPressUSA NEWSWIRE — Trump supporters have introduced another bill to take down the bright yellow letters of Black Lives Matter Plaza in Washington, D.C., in exchange for the name Liberty Plaza. D.C.

Published

4 days ago

March 7, 2025

Oakland Post

By April Ryan

As this nation observes the 60th anniversary of Bloody Sunday in Selma, Alabama, the words of President Trump reverberate. “This country will be WOKE no longer”, an emboldened Trump offered during his speech to a joint session of Congress Tuesday night. Since then, Alabama Congresswoman Terri Sewell posted on the social media platform formerly known as Twitter this morning that “Elon Musk and his DOGE bros have ordered GSA to sell off the site of the historic Freedom Riders Museum in Montgomery.” Her post of little words went on to say, “This is outrageous and we will not let it stand! I am demanding an immediate reversal. Our civil rights history is not for sale!” DOGE trying to sell Freedom Rider Museum

Also, in the news today, the Associated Press is reporting they have a file of names and descriptions of more than 26,000 military images flagged for removal because of connections to women, minorities, culture, or DEI. In more attempts to downplay Blackness, a word that is interchanged with woke, Trump supporters have introduced another bill to take down the bright yellow letters of Black Lives Matter Plaza in Washington, D.C., in exchange for the name Liberty Plaza. D.C. Mayor Morial Bowser is allowing the name change to keep millions of federal dollars flowing there. Black Lives Matter Plaza was named in 2020 after a tense exchange between President Trump and George Floyd protesters in front of the White House. There are more reports about cuts to equity initiatives that impact HBCU students. Programs that recruited top HBCU students into the military and the pipeline for Department of Defense contracts have been canceled.

Meanwhile, Democrats are pushing back against this second-term Trump administration’s anti-DEI and Anti-woke message. In the wake of the 60th anniversary of Bloody Sunday in Selma, several Congressional Black Caucus leaders are reintroducing the Voting Rights Act. South Carolina Democratic Congressman James Clyburn and Alabama Congresswoman Terry Sewell are sponsoring H.R. 14, the John Lewis Voting Rights Advancement Act. Six decades ago, Lewis was hit with a billy club by police as he marched for the right to vote for African Americans. The right for Black people to vote became law with the 1965 Voting Rights Act that has since been gutted, leaving the nation to vote without the full protections of the Voting Rights Act. Reflecting on the late Congressman Lewis, March 1, 2020, a few months before his death, Lewis said, “We need more than ever in these times many more someones to make good trouble- to make their own dent in the wall of injustice.”

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Rep. Al Green is Censured by The U.S. House After Protesting Trump on Medicaid

BLACKPRESSUSA NEWSWIRE — His censure featured no hearing at the House Ethics Committee and his punishment was put on the floor for a vote by the Republican controlled House less than 72 hours after the infraction in question.

Published

4 days ago

March 6, 2025

Oakland Post

By Lauren Burke

In one of the quickest punishments of a member of the U.S. House of Representatives in the modern era, Congressman Al Green (D-TX) was censured by a 224-198 vote today in the House. His censure featured no hearing at the House Ethics Committee and his punishment was put on the floor for a vote by the Republican controlled House less than 72 hours after the infraction in question. Of the last three censures of members of the U.S. House, two have been members of the Congressional Black Caucus under GOP control. In 2023, Rep. Jamal Bowman was censured.

On the night of March 4, as President Trump delivered a Joint Address to Congress, Rep. Green interrupted him twice. Rep. Green shouted, “You don’t have a mandate to cut Medicare, and you need to raise the cap on social security,” to President Trump. In another rare event, Rep. Green was escorted off the House floor by security shortly after yelling at the President by order of GOP House Speaker Mike Johnson. Over the last four years, members of Congress have yelled at President Biden during the State of the Union. Georgia Republican Marjorie Taylor-Greene was joined by Republican Rep. Lauren Bobert (R-CO) in 2022 in yelling at President Biden. In 2023, Rep. Greene, Rep. Bob Good (R-VA), and Rep. Lisa McClain (R-MI) yelled at Biden, interrupting his speech. In 2024, wearing a red MAGA hat, a violation of the rules of the U.S. House, Greene interrupted Biden again. She was never censured for her behavior. Rep. Green voted “present” on his censure and was joined by freshman Democrat Congressman Shomari Figures of Alabama who also voted “present”.

All other members of the Congressional Black Caucus voted against censuring Green. Republicans hold a four-seat advantage in the U.S. House after the death of Texas Democrat and former Houston Mayor Sylvester Turner yesterday. Ten Democrats voted along with Republicans to censure Rep. Green, including Rep. Jim Himes of Connecticut, who is in the leadership as the senior Democrat on the House Intelligence Committee. “I respect them but, I would do it again,” and “it is a matter of conscience,” Rep. Green told Black Press USA’s April Ryan in an exclusive interview on March 5. After the vote, a group of Democrats sang “We Shall Overcome” in the well at the front of the House chamber. Several Republican members attempted to shout down the singing. House Speaker Mike Johnson gaveled the House out of session and into a recess. During the brief recess members moved back to their seats and out of the well of the House. Shortly after the vote to censor Rep. Green, Republican Congressman Andy Ogles of Tennessee quickly filed legislation to punish members who participated in the singing of “We Shall Overcome.” Earlier this year, Rep. Ogles filed legislation to allow President Donald Trump to serve a third term, which is currently unconstitutional. As the debate started, the stock market dove down over one-point hours from close. The jobs report will be made public tomorrow.

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Trump Moves to Dismantle Education Department

BLACKPRESSUSA NEWSWIRE — The department oversees programs under the Individuals with Disabilities Education Act (IDEA), serving 7.5 million students. Transferring IDEA oversight to another agency, as Trump’s plan suggests, could jeopardize services and protections for disabled students.

Published

5 days ago

March 6, 2025

Stacy M. Brown

By Stacy M. Brown
BlackPressUSA.com Senior National Correspondent
@StacyBrownMedia

The Trump administration is preparing to issue an executive order directing newly confirmed Education Secretary Linda McMahon to begin dismantling the Department of Education. While the president lacks the authority to unilaterally shut down the agency—requiring congressional approval—McMahon has been tasked with taking “all necessary steps” to reduce its role “to the maximum extent permitted by law.” The administration justifies the move by claiming the department has spent over $1 trillion since its 1979 founding without improving student achievement. However, data from The Nation’s Report Card shows math scores have improved significantly since the 1990s, though reading levels have remained stagnant. The pandemic further widened achievement gaps, leaving many students behind.

The Education Department provides about 10% of public-school funding, primarily targeting low-income students, rural districts, and children with disabilities. A recent Data for Progress poll found that 61% of voters oppose Trump’s efforts to abolish the agency, while just 34% support it. In Washington, D.C., where student proficiency rates remain low—22% in math and 34% in English—federal funding is crucial. Serenity Brooker, an elementary education major, warned that cutting the department would worsen conditions in underfunded schools.

“D.C. testing scores aren’t very high right now, so cutting the Department of Education isn’t going to help that at all,” she told Hilltop News. A report from the Education Trust found that low-income schools in D.C. receive $2,200 less per student than wealthier districts, leading to shortages in essential classroom materials. The department oversees programs under the Individuals with Disabilities Education Act (IDEA), serving 7.5 million students. Transferring IDEA oversight to another agency, as Trump’s plan suggests, could jeopardize services and protections for disabled students.

The Office for Civil Rights also plays a key role in enforcing laws that protect students from discrimination. Moving it to the Department of Justice, as proposed in Project 2025, would make it harder for families to file complaints, leaving vulnerable students with fewer protections. Federal student aid programs, including Pell Grants and loan repayment plans, could face disruption if the department is dismantled. Experts warn this could worsen the student debt crisis, pushing more borrowers into default. “With funding cuts, they don’t have the materials they need, like books or things to help with math,” Brooker said. “It makes learning less fun for them.”