On January 21, the U.S. Supreme Court will hear oral arguments in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project. The case poses the question of whether the Fair Housing Act protects Americans from all housing policies that discriminate in practice, or only those where intentional bigotry can be proven. The decision to take up this case leads many to conclude the 1968 Fair Housing Act is in grave jeopardy.
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A federal district court judge, in a recent ruling that could well presage a similar decision by the U.S. Supreme Court’s conservative majority, disallowed the use of one of the primary tools for proving housing discrimination. If allowed to stand, the ruling would devastate the ability of fair housing advocates to prove discrimination by a realtor, landlord or lender.
Long before the shooting of Michael Brown, official racial-isolation policies primed Ferguson for this summer’s events.
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