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

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

Settlement in disparate impact case means more government discrimination

Proponents of racial preferences and race-conscious decision making must be breathing easier today after reports surfaced about the approved settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action. The case concerns controversial redevelopment efforts by the … Continue reading

Supreme Court may be prevented from ruling on disparate impact – again!

Parties may have reached a tentative settlement agreement in Mount Holly v. Mt. Holly Gardens Citizens in Action.  The settlement, if approved, would be the second time in two years that the Supreme Court has been denied the opportunity to … Continue reading

Surprise, surprise: California Attorney General urges Supreme Court to uphold disparate impact

Sadly, we’re not surprised by this news.   The California Attorney General filed a brief in support of racial preferences in Fisher.   The California AG filed a brief in favor of the constitutionality of Section 5 of the Voting Rights Act in … Continue reading

Supreme Court takes disparate impact case

Today the Supreme Court agreed to review a decision by the Third Circuit which held that plaintiffs could bring discrimination claims under the federal Fair Housing Act without having to prove that government defendants intended to discriminate.  The case is … Continue reading

Comeuppance

Remember Magner v. Gallagher, the case out of Minnesota that challenged whether there was a disparate impact cause of action under the Fair Housing Act?  [Note: There isn't.] Remember when the Obama Administration pressured the City of St. Paul to voluntarily dismiss … Continue reading

Is Obama’s victory a sign of “racial progress?”

Following Obama’s victory last week, Ilya Somin of the Volokh Conspiracy wrote that “it’s certainly a sign that racism has greatly declined, and that African-Americans are more fully accepted in mainstream American society than ever before.”  There is a certain … Continue reading