Do the words “or otherwise” change the meaning of the Fair Housing Act?

The Supreme Court will soon decide whether the Fair Housing Act allows for disparate impact liability. At oral argument, Justice Sotomayor highlighted a major issue in the case: words that unambiguously impose liability for disparate treatment (“to refuse to sell … Continue reading

Is HUD’s interpretation of the Fair Housing Act “wishful thinking on steroids”?

Last month the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.  In that case, the Court will decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA).  Todd Gaziano, … Continue reading

National School Choice Week: School Choice stories in North Carolina

Lawyers love to talk to other lawyers about the law. Non-lawyers are usually more interested in how the law will affect them. Here at Liberty Blog, I’ve discussed the legal arguments in two important school choice cases before the North Carolina … Continue reading

Welcome to National School Choice Week 2015

For the fourth year in a row, PLF is celebrating National School Choice Week. You can see some of our previous celebrations of National School Choice Week here.  PLF is happy to join with so many scholars, organizations, schools, teachers, students, and parents around … Continue reading

President’s weekly report — January 23, 2015

Property Rights — New Jersey rejects takings claim The New Jersey Supreme Court issued this adverse ruling in Griepenburg v. Township of Ocean.  In that case the New Jersey Supreme Court held that a local government can zone a property … Continue reading

Oral argument held in Shea v. Kerry

On Tuesday of this week I was in Washington, D.C. arguing Shea v. Kerry before the D.C. Circuit Court of Appeals.  This case involves a challenge to the State Department’s discriminatory affirmative action program for Foreign Service officers.  The facts of … Continue reading

Sacramento Bee publishes PLF op-ed on disparate impact and the Fair Housing Act

Today’s Sacramento Bee carries this op-ed by PLF attorneys Ralph Kasarda and Wen Fa on Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, the Supreme Court case on whether disparate impact claims are cognizable under the … Continue reading

The third case is the charm for contested disparate impact oral argument

PLF’s Todd Gaziano, Executive Director of PLF’s DC Center and Senior Fellow in Constitutional Law, attended the oral argument at the U.S. Supreme Court today in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.  The important … Continue reading

Supreme Court hears oral argument on Fair Housing Act and disparate impact

Today the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., to determine whether the Fair Housing Act encompasses claims for disparate impact.  Attorneys for PLF filed a brief in that … Continue reading

Do federal civil rights laws guarantee equal outcomes? Join me for a discussion after the Supreme Court oral argument on January 21.

Liberty Blog has several great posts, including here, here, and here, discussing the significant equal protection issues in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project. The Pacific Legal Foundation’s excellent amicus brief by my Sacramento … Continue reading