Publius1787
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- Jan 11, 2011
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Is Disparate-Impact Finally Going Down in a Ball of Flames?
After years of Eric Holder making side deals to prevent Disparate-Impact from making it to the U.S. Supreme Court we finally get to hear the high courts opinion on the issue. Disparate-Impact Theory Finally Gets Its Test At Supreme Court - Forbes
Late last year, the Justice Department settled a case in Minnesota that threatened disparate impact rather than let the high court decide the issue. Attorney General Eric Holder sent aides to St. Paul to pressure the petitioner there to drop the case.
When another Supreme Court housing case earlier this year challenged disparate impact, the administration went into overdrive to derail it as well.
It issued a regulation through HUD formalizing the use of disparate impact to enforce fair housing and lending, though there's no such provision in either the Fair Housing Act or Equal Credit Opportunity Act.
HUD Deputy Assistant Sara Pratt admitted: "We were afraid we might lose disparate impact in the Supreme Court because there was no regulation."
You can hear the SCOTUS arguments here >>>> Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project Inc. The Oyez Project at IIT Chicago-Kent College of Law
After years of Eric Holder making side deals to prevent Disparate-Impact from making it to the U.S. Supreme Court we finally get to hear the high courts opinion on the issue. Disparate-Impact Theory Finally Gets Its Test At Supreme Court - Forbes
Late last year, the Justice Department settled a case in Minnesota that threatened disparate impact rather than let the high court decide the issue. Attorney General Eric Holder sent aides to St. Paul to pressure the petitioner there to drop the case.
When another Supreme Court housing case earlier this year challenged disparate impact, the administration went into overdrive to derail it as well.
It issued a regulation through HUD formalizing the use of disparate impact to enforce fair housing and lending, though there's no such provision in either the Fair Housing Act or Equal Credit Opportunity Act.
HUD Deputy Assistant Sara Pratt admitted: "We were afraid we might lose disparate impact in the Supreme Court because there was no regulation."
You can hear the SCOTUS arguments here >>>> Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project Inc. The Oyez Project at IIT Chicago-Kent College of Law