Worse than Obamacare: SCOTUS upholds 'disparate impact' as discrimination

As bad as today’s Supreme Court decision in King v. Burwell is, the Supreme Court sowed even worse mischief today.  After all, Obamacare can be repealed.   Today, the court definitively upheld the principle that even absent discriminatory intent, a housing discrimination lawsuit can proceed on the basis of a “disparate impact” of any criterion.  Jess Bravin and Robbie Whelan explain in the Wall Street Journal: The Supreme Court Thursday ruled that housing discrimination lawsuits can proceed without proof of intentional bias against minorities, endorsing a civil-rights era litigation tool that had faced tough scrutiny by the high court. The surprise decision, by a 5-4 vote, held that disparate impact on minorities is sufficient to get a housing-discrimination claim into court. The state of Texas, whose housing department was fighting a fair-housing claim, contended that the Fair Housing Act of 1968 required that plaintiffs prove intentional...(Read Full Post)

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