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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.
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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COMMENTARY: Jim Crow 2.0 at the Pentagon
BLACKPRESSUSA NEWSWIRE — The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.
Pete Hegseth insists that he is restoring “merit” to the United States military. But after months of dismissals, blocked promotions, and ideological purges, the evidence tells a different story. His campaign against so-called “diversity, equity, and inclusion” has become something far more dangerous: an assault on equal opportunity that falls with particular force on African Americans, while also targeting women, Latinos, gay Americans, and transgender service members.
The latest example is both troubling and infuriating.
Once again, Defense Secretary Pete Hegseth has reportedly blocked the promotion of an exceptionally qualified woman—Rear Admiral Amy Bauernschmidt. Bauernschmidt is no ordinary officer. She became the Navy’s first woman to command a nuclear-powered aircraft carrier, one of the most demanding leadership assignments in the world. Her career reflects decades of exemplary performance, operational excellence, and leadership under extraordinary pressure.
Yet once again, a distinguished military career appears to have been subordinated to an ideological agenda masquerading as “merit.”
I call BS!
The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.
The pattern has become impossible to ignore.
General Charles Q. Brown Jr., only the second African American to serve as Chairman of the Joint Chiefs of Staff, was dismissed despite a career that placed him among the most accomplished military leaders of his generation.
Admiral Lisa Franchetti, the first woman ever to serve as Chief of Naval Operations, was removed despite decades of distinguished command experience.
Reports have documented interventions that blocked or delayed the promotions of Black officers and women selected through the military’s rigorous promotion system.
Now Rear Admiral Amy Bauernschmidt joins the growing list of highly accomplished officers whose careers have been derailed for reasons that have never been persuasively explained.
Where is Congress?
Its silence has become deafening.
Congress has an independent constitutional responsibility to oversee the armed forces. Instead, too many lawmakers have watched silently while one of the nation’s most respected institutions is subjected to ideological litmus tests and political interference.
This is not military reform. It is testosterone-fueled performative masculinity disguised as a philosophy of military excellence.
The irony is impossible to miss. Hegseth repeatedly invokes “merit,” yet his rhetoric begins with the assumption that Black officers, women, and other historically excluded Americans must somehow justify their achievements in ways that white male officers are rarely required to do.
That is not meritocracy. It is prejudice wrapped in patriotic language.
No one is asking that anyone be promoted because of race or gender. Americans simply expect that promotions be based on demonstrated competence, leadership, integrity, and service. The officers being targeted have already proven themselves repeatedly under one of the world’s most demanding evaluation systems.
Their records speak for themselves.
The attack on African American military leadership has been especially pernicious.
For generations, Black Americans fought in segregated units, earned decorations while denied equal treatment, and repeatedly demonstrated loyalty to a nation that often failed to extend them full citizenship. They broke barriers not because standards were lowered but because excellence finally overcame institutional discrimination.
Today’s campaign against “diversity” threatens to revive old assumptions under new slogans.
The implication that Black generals and admirals somehow owe their success to affirmative action rather than extraordinary performance echoes some of the ugliest stereotypes of the Jim Crow era. Yesterday’s segregationists claimed Black Americans were inherently less qualified. Today’s culture warriors simply employ more politically acceptable language while inviting the same suspicion about Black achievement.
That is why Hegseth’s campaign increasingly resembles Jim Crow 2.0.
The targets may now wear stars on their shoulders instead of military patches on segregated uniforms, but the underlying message is hauntingly familiar: Black excellence is presumed suspect, while white excellence is presumed earned.
America’s military became the finest fighting force in history because it opened its doors to talent wherever it could be found. It grew stronger after President Truman desegregated the armed forces. It became stronger when women assumed greater command responsibilities. It became stronger when every qualified American was given the opportunity to serve to the fullest extent of their abilities.
Diversity is not a concession. It is a strategic advantage.
The nation’s adversaries do not fear an American military because it is racially homogeneous. They fear it because it draws upon the talents of more than 340 million Americans whose diverse experiences, perspectives, and abilities make our armed forces unmatched anywhere in the world.
Every politically motivated dismissal of a distinguished officer sends a chilling message throughout the ranks: excellence alone may no longer be enough if you belong to the wrong demographic group.
That weakens morale. It weakens recruitment. It weakens retention.
And ultimately, it weakens national security.
Pete Hegseth has every right to pursue military readiness. He has no right to redefine merit in ways that repeatedly cast suspicion upon the accomplishments of Black officers, women, and others who have devoted their lives to defending this nation.
America deserves better. The men and women who wear the uniform deserve better. The Constitution deserves better.
And unless Congress finds the courage to exercise meaningful oversight, history may well remember this period not as a restoration of military excellence, but as the moment political ideology attempted to resurrect, in modern form, the old poison of exclusion.
Jim Crow did not strengthen America. Jim Crow 2.0 will not strengthen America’s military. It will only diminish it
Wade Henderson
Strategic Advisor
Civil and Human Rights
wade@wadejhenderson.com
#NNPA BlackPress
New Judge Could Decide if Karmelo Anthony Gets a New Trial
By Emilie St. John (Contributor) Karmelo Anthony will return to court next month in his first step to overturn his murder conviction. Anthony was found guilty last month in the stabbing death of Austin Metcalf and sentenced to 35 years in prison. His new legal team has filed motions seeking the recusal of State District […]
The post New Judge Could Decide if Karmelo Anthony Gets a New Trial appeared first on BlackPressUSA.
By Emilie St. John
(Contributor)
Karmelo Anthony will return to court next month in his first step to overturn his murder conviction.
Anthony was found guilty last month in the stabbing death of Austin Metcalf and sentenced to 35 years in prison. His new legal team has filed motions seeking the recusal of State District Judge John Roach Jr. from overseeing the appeals process.
Two hearings have been scheduled on the motion for Aug. 9 and 10 in the Collin County Courthouse in McKinney, Texas, according to Fox4 News.
On July 14, Senior Judge Sid L. Harle of the 226th District Court was assigned to preside over the defense’s motion to recuse Collin County Judge John Roach. The assignment took effect immediately and authorized Harle to handle all matters related to the recusal request, the filing read.
The Collin County District Attorney’s Office continues to defend its handling of the case by issuing a statement to NBC 5 DFW.
“The defendant’s new lawyers have filed a motion containing several inaccurate characterizations of the trial proceedings. The entire prosecution team and I conducted this trial ethically and in full compliance with the Court’s rulings and any agreements with defense counsel. We look forward to addressing these claims thoroughly in a Court of law in the coming weeks. The jury heard extensive evidence over the course of the trial and returned a unanimous verdict. We remain confident in that verdict and the fairness of the proceedings.”
Anthony’s new legal team, made up of appellate, civil rights, and criminal defense attorneys, was retained following Anthony’s conviction.
“Our responsibility is to determine whether a legal error occurred and to ensure that every issue supported by the record is fully and vigorously presented on appeal,” the team said in a statement.
“We recognize the profound loss suffered by one young man’s family and the uncertainty facing another, and we extend our respect to everyone whose lives have been forever changed by these events,” the release reads.
Anthony was charged with the stabbing death of Austin Metcalf during a track meet in Frisco, Texas, April 2, 2025. Anthony has long maintained it was an act of self-defense.
The attorneys are representing Anthony pro bono. The nearly 200-page notice of appeal seeks a new trial because his Sixth Amendment right to a public trial was violated.
“The cumulative and practical effect of these provisions was to exclude members of the public from proceedings at every stage,” the filing reads.
The filing also focused on an alleged “handshake deal” that kept Anthony from taking the stand in his defense.
The defense filing said the agreement was that the jury would not hear that Metcalf and his twin brother had been accused of racism and bullying in the past. In exchange, they also would not see Anthony’s cellphone records or his school disciplinary record, according to court documents reported by the Dallas Morning News.
Anthony’s former defense attorney, Mike Howard, said the defense relied heavily on that deal. The team chose not to ask certain questions of witnesses or call on a separate expert witness based on that agreement. It also abandoned plans to introduce testimony and evidence about the allegations against Metcalf and his brother.
Appellate attorney Russell Wilson is now handling post-trial proceedings and Anthony’s appeal. He recently sat down for an interview, stating, “The court committed multiple errors during the June murder trial, preventing him from receiving a fair trial.”
“You know, we file motions that we expect to prevail on, but we understand that there’s two sides to every story. And at the end of the day, it’ll be a judge that has to make these decisions, but we feel confident in the positions that we’re taking,” Wilson said during an interview with WFAA. “There were substantial issues that we thought a reviewing court needed to look at. We thought these were constitutional irregularities, and we could have them addressed now. And so, we put them into a motion for a new trial.”
Bree West, a former Dallas County Assistant District Attorney, found it startling that so little time was given to Anthony’s team for such a serious “life or death” situation.
“I do think that it’s really challenging that potentially a court decided that you have 10 minutes to make that level of decision when it has the potential of being life-altering,” said West during an interview with Fox 4 News.
Judge Harle is no stranger to high-profile cases, having presided over the prosecution of a police officer charged in connection with the 2022 mass shooting at Robb Elementary School in Uvalde.
Anthony was convicted on June 9 of the murder of Austin Metcalf and sentenced to 35 years in prison.
The post New Judge Could Decide if Karmelo Anthony Gets a New Trial appeared first on BlackPressUSA.
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COMMENTARY: LSMFT! Lord Save Me from Trump!
WESTSIDE GAZETTE — The author criticizes Donald Trump’s rhetoric, noting his use of terms like “Dumbocrats” and “Communist” to describe Democrats and democracy. The column asserts that Trump’s current strategy involves creating doubt about midterm elections due to a lack of Republican agenda.
The post COMMENTARY: LSMFT! Lord Save Me from Trump! appeared first on BlackPressUSA.
Frankly Speaking
Wow! Wow! Wow! The swamp drainers have truly stepped down to new levels of stupidity. You remember Weapons of Mass Destruction? We now have Weapons of Mass Distraction. Trump has introduced Dumbocrats and Communists into the conversation about Democrats and Democracy.
Trump lies so much, and his current strategy is to set up doubt about midterm elections because he and Republicans have no agenda!
He has no “Trump “ card, but Iran has a strait! He called it a skirmish; it’s now a War. He said five days; now it’s five months. He said few casualties; now it’s 18 deaths. He knew nothing about Project 2025 but hired its architects! Trump lies about the lies and often forgets these little inventions called cameras and phones
We see and hear and then see and hear the inconsistencies.
I didn’t like 45 and dislike 47 even more!
The post LSMFT! Lord Save Me From Trump! appeared first on The Westside Gazette.
Based on reporting by Westside Gazette.
The post COMMENTARY: LSMFT! Lord Save Me from Trump! appeared first on BlackPressUSA.
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