More on disparate impact and the Fair Housing Act

The Washington Examiner published my opinion-editorial yesterday on the Supreme Court’s disappointing decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc.  Last week, the Court held that the Fair Housing Act (FHA), Title VIII of the … Continue reading

President’s weekly report — June 26, 2015

The physical invasion of the raisin snatchers — a property rights victory at the Supreme Court  In a week marked by several major Supreme Court decisions that were quite disappointing to advocates of limited government and the rule of law, there was one … Continue reading

The lingering constitutional problem with disparate impact

Today the Court held that disparate impact claims are cognizable under the Fair Housing Act (our earlier blog post on the case is here). The Court came to this conclusion as a matter of statutory interpretation, but didn’t say much … Continue reading

Supreme Court holds Fair Housing Act prohibits disparate impact discrimination

In a disappointing 5-4 decision written by Justice Kennedy, the Supreme Court held today that the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, encompasses claims for disparate impact.  The majority insists that disparate-impact claims are consistent with … Continue reading

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

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

President’s weekly report — January 16, 2015

The Raisins are Dancing Again — cert grant The Supreme Court granted cert in Horne v. United States, making this the second trip to the Court for the dancing raisins.  Under a depression-era statute, raisin growers must give a substantial … Continue reading