National Association of African American-Owned Media

Suing for Discrimination Just Got Harder Thanks to Byron Allen’s Supreme Court Loss

The U.S. Supreme Court’s decision in this case has effectively increased the burden of proof on the next litigant and made it much harder for them to succeed in Section 1981 litigation. One is left to wonder why such powerful members of our community could not have somehow come together to protect the interests all African Americans.  Here, by the insistence of Allen to proceed with this litigation, the African-American community runs the risk of becoming “trampled grass” when the litigation is finally resolved and the “elephants” have ceased fighting.

Comcast vs Byron Allen Supreme Court Hearing Analysis

“I’m not a lawyer, but it seemed clear to me that the Justices (Justice Ruth Bader Ginsburg was absent because, in the words of Chief John Roberts, she was “indisposed due to illness”) thought the issue was what the pleading standard for a §1981 claim should be, not at this point whether Comcast had racially discriminated against Byron Allen.” — Armstrong Williams