The Supreme Court of the United States heard arguments today on a Texas case, Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, that may have significant ramifications on the interpretation of discrimination under the Fair Housing Act. As reported on ProPublica:
The case concerns whether the Fair Housing Act, which sought to end the longstanding segregation of America’s neighborhoods, should be read to only bar intentional discrimination. For four decades, federal courts have held that the law should be interpreted more broadly, ruling again and again that if the policies of governmental agencies, banks or private real estate companies unjustifiably perpetuate segregation, regardless of their intent, they could be found in violation of the Fair Housing Act.
All 11 of the federal circuit courts that have considered the question have seen it that way. As well, the U.S. Department of Housing and Urban Development, the agency charged with administering the act, issued a regulation enshrining the principle in 2013.
The nation’s highest court does not typically intervene in cases unless there’s been disagreement in the lower courts. But this court has been determined to have its say on the housing issue and the legal theory that has come to be known as “disparate impact.” The Texas case marks the third effort in as many years by the current justices to consider the intent and reach of the housing act. The other two cases were withdrawn or settled in deals reached before oral arguments, as fair housing advocates feared they would lose before the Roberts Court.
For more information on this and other cases before the Supreme Court visit the SCOTUSBlog.