TBA Law Blog

Posted by: Brittany Sims on Jan 21, 2015

The Supreme Court appeared sharply divided today in a debate over a decades-old strategy for fighting discrimination in housing, WRCB reports. Chief Justice John Roberts expressed serious doubts during a one-hour argument that the 1968 Fair Housing Act can be used to ban housing or lending practices without any proof of intent to discriminate. The court's four liberal justices defended the use of so-called "disparate impact" lawsuits that allege even race-neutral policies can have a harmful effect on minority groups. Justice Antonin Scalia, who usually aligns with Roberts and other conservatives, asked tough questions of both sides, making it tough to determine how the court might rule in a case that has steep ideological divisions.