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 contr…
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