Why the Supreme Court is hearing a TV mogul's $20 billion racial bias case against Comcast

[malaise]

and why is the Con's DOJ siding with Comcast - racism pure and simple
https://news.yahoo.com/comcast-byron-allen-supreme-court-case-racial-bias-122803495.html
<snip>
The U.S. Supreme Court on Wednesday will hear a dispute that pits Comcast (CMCSA), America’s biggest cable provider, against an African-American TV mogul accusing it of racial bias because it declined to carry any of his channels.

Entertainment Studios Inc., whose chief executive and founder is TV mogul Byron Allen, is accusing Comcast in a $20 billion lawsuit of violating a part of the Reconstruction-era law known as the Civil Rights Act of 1866 that makes it illegal to discriminate based on race when enforcing contracts.

The Supreme Court is being asked to decide whether Allen must show race was the driving factor behind its decision not to carry his shows, or whether it can be just one motivating factor. If the Supreme Court sides with Allen, he’ll be able to pursue his case against Comcast and in theory be awarded billions in damages if he prevails — but this is about more than one TV mogul and one cable giant.

“It’s a really important law in terms of making sure employers shouldn’t discriminate based on race,” Deborah Widiss, a law professor at Indiana University, told Yahoo Finance. The Civil Rights Act of 1964 only applies to companies with over 15 workers; that means workers employed by smaller companies can only bring discrimination cases under the 1866 law, according to Widiss, who signed an amicus brief backing Allen’s company.

[barbtries]

1. Curious how Thomas will go on this.

Did anyone else hear NPR this weekend? I heard a good part of an interview with an author about him, but didn't catch the name and now i can't find the show on the NPR website. He discussed Thomas's approach to race. It's kind of horrific frankly. Also he's a raging sexist. The man being interviewed said with subjects such as Thomas, he has to approach with a sympathetic mindset to stay fair, but with Thomas when he had completed the project he was more horrified than sympathetic toward Thomas.

I would really love to find it and listen from the start, and also link it here. Will edit if i get lucky.


I found it. https://www.wnycstudios.org/podcasts/otm/segments/supreme-court-justice-most-say

The guest was Corey Robin, and his book is The Enigma of Clarence Thomas
https://www.amazon.com/Enigma-Clarence-Thomas-Corey-Robin/dp/1627793836/ref=sr_1_1_sspa?crid=1I1P3B9N1GXGS&keywords=the+enigma+of+clarence+thomas&qid=1573472288&sprefix=the+enigma+%2Caps%2C156&sr=8-1-spons&psc=1&spLa=ZW5jcnlwdGVkUXVhbGlmaWVyPUEyV0oyTTVBNFlPSDVIJmVuY3J5cHRlZElkPUEwNDQwMDE4UldXTzlNN0Y5MExKJmVuY3J5cHRlZEFkSWQ9QTA3MzQ1MzFPNzMySVNKMzFEQUsmd2lkZ2V0TmFtZT1zcF9hdGYmYWN0aW9uPWNsaWNrUmVkaXJlY3QmZG9Ob3RMb2dDbGljaz10cnVl

[malaise]

2. Great post

Thanks for these links

[barbtries]

3. thanks Malaise!

it was a fascinating show, recommended.

[teamster633]

5. "On the Media", the show that featured that story,

Is almost always worth a listen.

[blm]

4. Thanks.

[DeminPennswoods]

6. Thomas doesn't like black people

I think that's been obvious for awhile.

[barbtries]

7. you should listen to the program.

he's actually a black nationalist. His core belief is pessimism: white racism will never be eradicated. the way he's developed his philosophy, if you can call it that, is in my opinion worse than misguided, it is unrealistic and destructive.

I can understand the pessimism. Racism is baked in the American people. But we are still all here together and we need to eradicate it or there can never be justice, or peace. I compare it to war. A friend and I always end up with me saying I can't take any more endless WAR and him saying it's never going to end. My response is always not in my lifetime, but that doesn't mean I can't advocate for peace. Same with racism. I suppose it will not end in my lifetime, but will continue to deplore it and advocate for the end of it.

[DeminPennswoods]

8. I'm sure it was an interesting interview,

but my question would be, is Ginny Thomas a black nationalist, too?

[barbtries]

9. unfortunately they did not discuss

his white wife. before he got into politics part of his schtick was that the races shouldn't mix. i guess in his heart of hearts what he really is, is a republican. Hypocrite to the core.

it may be covered in the book. I've put it on my wishlist, but I have such a backlog right now it's doubtful I'll ever get to read it. fascinating interview though. it's like a half hour or less, totally worth the time.

[StarfishSaver]

10. I don't think he's a black nationalist

I don't think he subscribes to anything in particular. He's just a sick, very angry, very self-hating/projecting disaster with incredible power over the lives of people whom he believes looked down on, maligned and undermined him and on whom he must exact revenge.

As one commentator described him - he is "one of American history's most colossal double-crossers."

[barbtries]

11. Okay.

I think you would find the program interesting, I know I did. That was my takeaway.
which doesn't dispute that last statement. The title of the book under discussion includes the word "enigma."

[StarfishSaver]

12. I'll check it out. Thanks.

[uponit7771]

14. +1

[tritsofme]

13. Wouldn't surprise me if the cons let him write the opinion.

Unfortunately.

[barbtries]

15. me too.

sigh. he should be impeached for corruption but at the very least imo we will have to pack the Court to save the country.

[CatWoman]

16. Byron Allen was on The Breakfast Club last week.

he's quite a remarkable man.

&t=1517s

[malaise]

17. Thanks

Will watch tonight

[Rstrstx]

18. Scotusblog has a deeper look into the case

https://www.scotusblog.com/2019/11/justices-to-consider-pleading-standard-for-federal-law-barring-discrimination-in-contracts/#more-290112

Long story short, the suit against Comcast was dismissed by a federal judge, Allen appealed to the 9th Circuit which reversed the lower court's decision and allowed the suit to proceed. Comcast appealed that ruling and now SCOTUS will have the final say.

If Comcast and Allen had been held to the language in the Civil Rights Act of 1964 Allen would just have to show that race is only one reason that Comcast rejected their channel, not THE reason or even a primary reason. It sounds like that's how the 9th Circuit looked at the suit. I have no idea how the old law is written but knowing this court I'd guess they'll probably side with Comcast and require a higher burden of proof to be met by Allen.

[malaise]

19. THIS - and thanks for the link

I have no idea how the old law is written but knowing this court I'd guess they'll probably side with Comcast and require a higher burden of proof to be met by Allen.