Articles

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 case, joined by many other organizations, arguing that the Fair Housing Act prohibits int ...

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 portion of their raisins to the federal government or else.  The or else here was a fine of $700,000.  The Ni ...

Next Wednesday, the Supreme Court will hear oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project Inc. The issue presented in the case is whether disparate impact liability is cognizable under the Fair Housing Act. PLF has filed an amicus brief in this case, arguing that the Fair Housing Act does no ...

On October 2, 2014, the United States Supreme Court granted review in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.  When it did, the Court made it clear that it only wants to resolve one issue:   Whether disparate impact claims are cognizable under the Fair Housing Act.  This week PLF attorneys filed ...

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 and prohibited neutral housing practices having a disproportionate adverse effect on pr ...

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 Petition -- the Delta Smelt We filed this petition for cert in Stewart & Jasper Orch ...

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 claims cognizable under the Fair Housing Act? The Court has twice granted certiorari to addr ...

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 in a case presenting that issue.  The case is called Texas Department of Housing and Community Affairs v ...

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 posted on various absurd applications of disparat ...