No. 92-938.

511 U.S. 298 (1994)


United States Supreme Court.

Decided April 26, 1994.

Attorney(s) appearing for the Case

Eric Schnapper argued the cause for petitioners. With him on the briefs were Elaine R. Jones, Charles Stephen Ralston, Cornelia T. L. Pillard, Kerry Scanlon, and Ellis Boal.

Solicitor General Days argued the cause for the United States et al. as amici curiae urging reversal. On the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Turner, Deputy Solicitor General Wallace, Robert A. Long, Jr., David K. Flynn, Dennis J. Dimsey, Rebecca K. Troth, and Donald R. Livingston.

Glen D. Nager argued the cause for respondent. With him on the brief were John T. Landwehr and Thomas J. Gibney.*

Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Souter, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Kennedy and Thomas, JJ., joined, p. 286. Blackmun, J., filed a dissenting opinion, p. 314.

Justice Stevens, delivered the opinion of the Court.

Section 101 of the Civil Rights Act of 1991, Pub. L. 102— 166, 105 Stat. 1071, defines the term "make and enforce contracts" as used in § 1 of the Civil Rights Act of 1866, Rev. Stat. § 1977, 42 U. S. C. § 1981, to include "the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship...

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