Federal judge calls out HUD; strikes down disparate impact regulations

This week a judge from the U.S. District Court for the District of Columbia vacated disparate impact regulations promulgated by the Department of Housing and Urban Development (HUD).  The regulations were based on a twisted interpretation of the Fair Housing Act … Continue reading

NR-PLF Supreme Court preview event: fish and raisin jokes, and some serious Supreme Court analysis

National Review/Pacific Legal Foundation’s “first annual” preview event on Monday of the Supreme Court’s term was a great success, as reflected by the live coverage and two re-broadcasts by C-SPAN. The event’s focus was on cases the Supreme Court had … Continue reading

President’s weekly report — October 3, 2014

United States Supreme Court — Cert petitions We’ve filed three petitions for writ of certiorari to the United States Supreme Court this week in three very important cases, each of which could contribute substantially to individual freedom if granted. First … Continue reading

Supreme Court to decide if the Fair Housing Act allows disparate impact claims

Today the Supreme Court announced it would accept review in the case Texas Dept. of Hous. & Community  Affairs v. Inclusive Communities Project on the one issue that has escaped resolution by the Court twice before. That issue is:  Are disparate-impact … Continue reading

Federal courts expanding disparate impact analysis in recent Voting Rights Act cases

Here on the Liberty Blog, we have often posted about the perils of “disparate impact” laws; that is, laws that allow courts to find illicit discrimination in a facially neutral action without any showing of improper intent (here, here, and here, … Continue reading

Will the Supreme Court finally get to rule on disparate impact?

Will the third time be the charm for having the U.S. Supreme Court decide whether disparate impact discrimination claims are allowed under the Fair Housing Act?  Later this month, on September 29th, the Court will decide whether to accept review … Continue reading

Understanding the difference between disparate treatment and disparate impact

There are two types of discrimination recognized by our various civil rights laws: disparate treatment and disparate impact. The former is conscious, intentional discrimination.  The latter is unintentional, and is demonstrated through statistical disparities.  Here on the Liberty Blog we have often … Continue reading

Bringing sanity back to Title VII

This morning PLF filed this Reply Brief in Shea v. Kerry, a case where we are representing Foreign Service officer William Shea in his fight against the US Department of State.  When William Shea was hired by the State Department in the early … Continue reading

Pippen v. Iowa: A victory for commonsense

In a unanimous opinion, the Iowa Supreme Court affirmed the trial court dismissing the plaintiffs’ disparate impact claims.  In this case, plaintiffs alleged that the subjective thoughts and biases of Iowa government officials caused a disparate impact on the basis of race.  To … Continue reading

President’s weekly report — June 20, 2014

Property Rights — Koontz in Florida After our tremendous victory in Koontz v. St. John’s Water Management District, the United States Supreme Court sent the case back to the Florida courts.  The District is now attempting to reopen settled matters that … Continue reading