Section 1981 of Title 42 provides "all persons " in the United States "the same right " "to make and enforce contracts " as is "enjoyed by white citizens, " including "the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. " 42 U.S.C.§ 1981(a)-(b). This sjtatute defines "makes and enforce contracts " to include "the making, performance, modification, and termination of contracts, and the enjoyment' of all benefits, privileges, terms, and conditions !of the contractual relationship. " 42 U.S.C. § 1981(bj.

The Seventh Circuit held below that in order for a Plaintiff to proceed with a 42 U.S.C § 1981 claim of intentional discrimination, that discrimination must first be proven as an element of the prima facie case. In addition, the Court gave weight to the evidence, acknowledging its existence, however in its view, it was not enough.

1) Must a plaintiff prove intentional discrimination as an element of the prima facie case in order to proceed with a 42 U.S.C § 1981 claim?

2) Should the Court weigh evidence at the summary stage of proceedings, or is it a function of the jury to be the fact finder?

3) Whever the Supreme Court must finally set a precedent for the courts in the United States to ensure all pro se civil litigates have the right to "Equal Justice Under Law, " "procedural Due Process, " "and a fair Trial?

Must a plaintiff prove intentional discrimination as an element of the prima facie case in a 42 U.S.C § 1981 claim?