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Judicial Watch and Allied Educational Foundation File Amicus Brief with Supreme Court in Support of Texas Disparate Impact Appeal
Brief argues that lower court's interpretation of Fair Housing Act would further enshrine "the intellectually impoverished concept of race into law"
Contact: Jill Farrell, Judicial Watch, 202-646-5188
WASHINGTON, Nov. 25, 2014 /Standard Newswire/ -- Judicial Watch announced today that it joined with the Allied Educational Foundation (AEF) in filing an amicus curiae brief with the United States Supreme Court in support of the State of Texas' appeal of a lower court ruling upholding a federal Fair Housing Act (FHA) interpretation that imposes liability on a state housing decision that disparately impacts certain minorities, despite the absence of evidence of any discriminatory intent. The brief was filed November 24, 2014 (Texas Department of Housing and Community Affairs, et al. v. The Inclusive Communities Project, Inc. (No. 13-1371)).
Under the disparate impact theory of racial discrimination, one can be held liable for discrimination for a policy that statistically disadvantages a specific minority group even if that negative "impact" was neither foreseen nor intended. In the Texas case, on appeal from the U.S. Federal Court of Appeals for the Fifth Circuit, the Inclusive Communities Project sued the state for allocating a disproportionate number of federal low-income housing tax credits to minority neighborhoods. The Supreme Court has twice before granted review on the disparate impact issue, only to have both cases scuttled by controversial pre-hearing settlements enabled by the Obama administration.
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Contact: Jill Farrell, Judicial Watch, 202-646-5188
WASHINGTON, Nov. 25, 2014 /Standard Newswire/ -- Judicial Watch announced today that it joined with the Allied Educational Foundation (AEF) in filing an amicus curiae brief with the United States Supreme Court in support of the State of Texas' appeal of a lower court ruling upholding a federal Fair Housing Act (FHA) interpretation that imposes liability on a state housing decision that disparately impacts certain minorities, despite the absence of evidence of any discriminatory intent. The brief was filed November 24, 2014 (Texas Department of Housing and Community Affairs, et al. v. The Inclusive Communities Project, Inc. (No. 13-1371)).
Under the disparate impact theory of racial discrimination, one can be held liable for discrimination for a policy that statistically disadvantages a specific minority group even if that negative "impact" was neither foreseen nor intended. In the Texas case, on appeal from the U.S. Federal Court of Appeals for the Fifth Circuit, the Inclusive Communities Project sued the state for allocating a disproportionate number of federal low-income housing tax credits to minority neighborhoods. The Supreme Court has twice before granted review on the disparate impact issue, only to have both cases scuttled by controversial pre-hearing settlements enabled by the Obama administration.
MORE
