Articles

Some reader comments on Magner v. Gallagher

January 09, 2012 | By JOSHUA THOMPSON

Two readers responded to my recent post regarding PLF’s brief in Magner v. Gallagher.  The gist of the comments is the same: What St. Paul is doing here is outrageous!  How can PLF say it’s in favor of property rights and defend St. Paul’s outrageous actions? … ...

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11 attorneys general file brief to protect discriminatory housing practices

January 31, 2012 | By JOSHUA THOMPSON

The title of this article is a bit off. For more on PLF’s role in Magner v. Gallagher go here. … ...

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PLF in the Wall Street Journal discussing Magner v. Gallagher

February 02, 2012 | By JOSHUA THOMPSON

Here is PLF attorney Ralph Kasarda’s letter to the editor.  For more information on this important Supreme Court case go here. … ...

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Here we go again : Fair Housing Act and disparate impact

July 16, 2012 | By RALPH KASARDA

Pacific Legal Foundation attorneys filed an amicus brief in the U.S. Supreme Court asking it to review a case handed down by the Third Circuit called Township of Mount Holly v. Mt. Holly Gardens.  The case concerns whether the federal Fair Housing Act encompasses disparate impact claims.  The Center for Equal Opportunity joined PLF in … ...

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Supreme Court asks for U.S. Solicitor General's brief in disparate impact case

October 29, 2012 | By RALPH KASARDA

Today the Supreme Court asked the U.S. Solicitor General to provide the government’s views on whether the federal Fair Housing Act encompasses disparate impact claims.  The Court had agreed to rule on that issue last Term, but the case providing that question settled without a decision.  The case now being considered by the Court is … ...

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Is Obama's victory a sign of "racial progress?"

November 13, 2012 | By JOSHUA THOMPSON

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 kernel of truth in that statement.  Having a black American as ...

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Comeuppance

January 24, 2013 | By JOSHUA THOMPSON

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 Magner after it had been granted certiorari by the Supreme Court?  All we ...

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Supreme Court takes disparate impact case

June 17, 2013 | By RALPH KASARDA

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 called Township of Mount Holly v. Mt. Holly Gardens. In Mount Holly, homeowners in New Je ...

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

October 29, 2013 | By JOSHUA THOMPSON

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 Shelby County. The California AG filed a brief against the constitutionality of Proposal 2 in Sc ...