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 ...


PLF attorneys oppose disparate impact lawsuits under the FHA

September 05, 2013 | By RALPH KASARDA

PLF attorneys filed an amicus brief in the Supreme Court this week arguing that the Fair Housing Act does not allow discrimination cases under a disparate impact theory.  The case is Township of Mount Holly v. Mount Holly Gardens Citizens in Action, U.S. Supreme Court, No.11-1507.  The Center for Equal Opportunity, Competitive Enterprise Institut ...


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 ...



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 ...


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 … ...