By Ted Johnson The Supreme Court sided with Comcast over Byron Allen in his racial discrimination case against the cable giant, ruling that he bears the burden of showing racial discrimination was the sole cause in its denial to carry his channels.
The Ninth Circuit ruled in favor of Allen last year, and in oral arguments some of the justices found fault with the lower court’s reasoning.
There also was skepticism of issuing a definitive ruling that established a lower threshold in racial discrimination cases when a case is first filed, and a higher one if it reaches a trial.
At the oral arguments, Erwin Chemerinsky, who was arguing for Allen, acknowledged that he eventually would have to show that race was the sole cause for Comcast’s
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