Rivers v. Roadway Express, Inc.

Summary

Justice Stevens, joined by Chief Justice Rehnquist and Justices O'Connor, Souter, and Ginsburg, held that § 101 of the Civil Rights Act of 1991 does not apply to preenactment conduct. The provision expanded substantive liability under § 1981, and neither its text nor its legislative history clearly established retroactive application. Its asserted restorative purpose did not create a presumption favoring retroactivity, and Patterson remained the authoritative interpretation governing preamendment conduct. The Court affirmed and remanded. Justice Scalia concurred in the judgment, joined by Justices Kennedy and Thomas, but that opinion is not supplied. Justice Blackmun dissented, arguing that § 101 should apply to pending cases when doing so would not disturb vested rights or settled expectations; he would reverse and remand.