A Good Disparate Impact Ruling

by Roger Clegg

Today Judge Richard J. Leon of the U.S. District Court for the District of Columbia struck down the Obama administration’s “disparate impact” regulations for the Fair Housing Act, ruling that they are inconsistent with that statute. The issue whether disparate impact causes of action may be brought under the Fair Housing Act is also before the Supreme Court this term. And so, as Judge Leon concludes, “Fortunately for us all . . . the Supreme Court is now perfectly positioned . . . to finally address this issue in the not-too-distant future.” 

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