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Tag: magner v. gallagher

September 24, 2014

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

January 24, 2013


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 ...

October 29, 2012

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

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 ...

July 16, 2012

Here we go again: Fair Housing Act and disparate impact

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 ...

February 10, 2012

Magner v. Gallagher dismissed

Sigh.  Magner v. Gallagher, which was set to be argued by the US Supreme Court later this month, appears to have been dismissed.  Unfortunately, this means that the 8th Circuit decision, which invented a disparate impact claim under the Fair Housing Act out of whole cloth, is still good law. PLF had filed an amicus ...

January 31, 2012

11 attorneys general file brief to protect discriminatory housing practices

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

January 09, 2012

Some reader comments on Magner v. Gallagher

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? ...