The retirement of Supreme Court Justice Anthony Kennedy introduces the possibility that a future court will overturn the doctrine of disparate impact central to fair housing practices and policies.
"Justice Anthony Kennedy wrote the most important decision on fair housing in a generation," writes Kriston Capps, referring to the 5-4 decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project that established the disparate impact doctrine and "confirmed that the Fair Housing Act of 1968 bans both explicit discrimination and implicit discrimination."
By deciding to retire, Justice Kennedy has also introduced the possibility that disparate impact will be struck down by the court in the relatively near-term future. The Trump Administration, led by President Trump and Department of Housing and Urban Development Secretary Ben Carson, are already working to undermine fair housing policies and programs.
Three years after that landmark decision, after the election of Trump, HUD is taking steps to undermine the rule at the core of Kennedy’s decision in Inclusive Communities. The department’s announcement that it will reopen its disparate-impact rule comes at a time when HUD faces a rash of lawsuits for failing to enforce another civil-rights standard, the Affirmatively Furthering Fair Housing rule. (The department has declined to discuss these cases.)
Capps lists more examples of the Trump Administration "back-pedaling on fair housing law" in the article, but all of these actions set the stage for a legal showdown that could force the Kennedy-less Supreme Court to decide, again, on disparate impact.
If Carson decides to soften or scrap the disparate-impact rule, legal challenges will almost certainly follow. Other cases may offer the Supreme Court the opportunity to revisit the issue. If and when that happens, it might very well be to strike down the disparate-impact reading. Kennedy’s retirement opens the way for a Trump-appointed justice likely to join the court’s conservatives in arguing that the Fair Housing Act bars explicit racial discrimination only—opening up a world of discriminatory practices in lending, zoning, selling, and renting.
FULL STORY: What Justice Kennedy’s Retirement Could Mean for Fair Housing
HUD Plans to Revive Fair Housing Rule
The department is proposing an updated version of the Affirmatively Furthering Fair Housing rule, which requires local governments to take action to end residential segregation.
Ben Carson’s Clear Disdain for Fair and Affordable Housing
Carson has spent much of his time as HUD secretary attacking the housing programs, initiatives, and regulations central to the agency’s mission.
Outrage Over Trump's Fair Housing Victory Lap
President Trump took to Twitter today to celebrate his administration's decision to rescind the Affirmatively Furthering Fair Housing rule, approved by the Obama administration to strengthen the Fair Housing Act of 1968.
Trump Administration Could Effectively End Housing Voucher Program
Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
Ken Jennings Launches Transit Web Series
The Jeopardy champ wants you to ride public transit.
USGS Water Science Centers Targeted for Closure
If their work is suspended, states could lose a valuable resource for monitoring, understanding, and managing water resources.
Driving Equity and Clean Air: California Invests in Greener School Transportation
California has awarded $500 million to fund 1,000 zero-emission school buses and chargers for educational agencies as part of its effort to reduce pollution, improve student health, and accelerate the transition to clean transportation.
Congress Moves to End Reconnecting Communities and Related Grants
The House Transportation and Infrastructure Committee moved to rescind funding for the Neighborhood Equity and Access program, which funds highway removals, freeway caps, transit projects, pedestrian infrastructure, and more.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
Heyer Gruel & Associates PA
Ada County Highway District
Institute for Housing and Urban Development Studies (IHS)
City of Grandview
Harvard GSD Executive Education
Toledo-Lucas County Plan Commissions
Salt Lake City
NYU Wagner Graduate School of Public Service