National

Supreme Court Sharply Divided Over Housing Bias Cases

Published

12 years ago

January 21, 2015

Oakland Post

Chief Justice John Roberts (AP Photo)

SAM HANANEL, Associated Press

WASHINGTON (AP) — The Supreme Court appeared sharply divided Wednesday in a debate over a decades-old strategy for fighting discrimination in housing.

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.

But 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.

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.

Civil rights organizations have speculated that the court took up the case to knock out such lawsuits, which have long been criticized by banks, mortgage companies and conservative groups.

The case involves an appeal from officials accused of awarding federal housing tax credits in a way that steered low-income housing into mostly poor, black neighborhoods in Dallas and generally kept the units out of wealthier white enclaves.

A Dallas-based fair housing group, Inclusive Communities Project Inc., sued the Texas Department of Housing and Community Development in 2008. The group alleged that agency policies were keeping Dallas neighborhoods segregated and denying blacks a chance to move into safer neighborhoods with better schools.

The housing advocacy group couldn’t prove Texas officials were intentionally biased. But a federal appeals court said the group could use statistics to show the effect of the policies still harmed black residents, in violation of the Fair Housing Act.

“It is very difficult to decide what impact is good and what impact is bad,” Roberts said. What if one community wants to build low-income housing to revitalize minority neighborhoods, while another wants to integrate white areas, he asked. “Which is the bad thing to do?”

Solicitor General Donald Verrilli, who was arguing in favor of disparate impact, said both plans may ultimately pass muster. Under the test that’s been in place for nearly 40 years, once a disparity is shown, a court must decide whether one race-neutral policy could be replaced with another race-neutral policy.

But Roberts pressed Verrilli with the same question three times, complaining that he wasn’t getting an answer.

Justice Anthony Kennedy said it seemed “very odd to me” that disparate impact could work in either case.

Scott Keller, the Texas Solicitor General, said there was no clear language authorizing discriminatory impact lawsuits when the housing law was passed in 1968.

But Justice Ruth Bader Ginsburg called that argument “a little artificial” because the theory was not mainstream until the Supreme Court approved its use for employment discrimination cases in 1971.

Scalia told Keller that looking at the “grand goals” of Congress in 1968 to eliminate segregated housing, it seemed possible that lawmakers thought disparate impact cases were acceptable. But later, Scalia told Michael Daniel, lawyer for the Texas housing group, that “racial disparity is not racial discrimination.”

“The fact that the NFL is largely black players is not discrimination,” Scalia said.

Justice Stephen Breyer noted that every appeals court to consider the question for the past 40 years has found disparate impact acceptable in the housing context.

“Why when something is so well-established throughout the United States should the court come in and change it?” he asked Keller.

Texas officials say disparate impact claims would essentially force them to make race-conscious decisions to avoid liability. And while disparate impact is allowed under employment discrimination cases, they say it is not explicitly mentioned in the Fair Housing Act.

Texas has won support from business groups, including the Mortgage Bankers Association, the American Financial Services Association and others arguing that federal housing law should punish only intentional acts of discrimination.

But fair housing advocates say eliminating such claims means courts will recognize only the crudest forms of intentional discrimination and not more subtle forms of bias that persist today.

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Community

Four Candidates, Including Incumbent Barbara Lee, Qualify for Oakland Mayor’s Race

POST NEWS GROUP — Four candidates, including incumbent Mayor Barbara Lee, filed their papers to run for office by last Friday’s deadline, and the City Clerk issued a list this week of those who are qualified to run.

Published

10 hours ago

August 15, 2026

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View of downtown Oakland, California and City Hall. iStock photo.

By Post Staff

The four mayoral candidates who will appear on the Nov. 3 ballot are:

Brenda Grisham. A business owner in East Oakland and public safety advocate, Grisham led the successful recall campaign against Alameda County District Attorney Pamela Price. As part of her platform, she pledges to work with local, state, and federal partners to secure stricter gun control measures and investments in community violence intervention programs.

Barbara Lee. A former congressional representative and state Assembly member, Lee was elected by voters in a special election last year for a two-year term. Now running for a four-year term, she points out that her administration achieved major successes in addressing some of the city’s major challenges, including balancing the city budget, dramatically reducing crime, and making significant inroads into homelessness and illegal dumping.

Mindy Pechenuk. An educator and activist, Pechenuk is a registered Republican and supporter of Lyndon LaRouche, who has been described by observers as a conspiracy theorist and cult leader. She ran unsuccessfully for mayor in last year’s special election and for the at-large council seat in 2024. She seeks to end Oakland’s police commission and MACRO and invest in more police while launching a new local war on drugs.

Julius Robinson. While little information is available so far about Robinson, he was quoted in a KTVU story about Thao’s recall, stating that people in Oakland want to come together as a community but lack infrastructure and leadership.

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Black History

Oakland Observes Black August with Block Parties, Film Showings, Workshops

POST NEWS GROUP — Beginning in 1979 in San Quentin State Prison, the Black Guerrilla Family called for the remembrance of political prisoner George Jackson and his brother Jonathan Jackson who were assassinated in the early 1970s. George Jackson was considered a political prisoner in that it was the anti-Black justice system that led to his incarceration for armed robbery with a sentence of one year-to-life in 1960.

Published

12 hours ago

August 15, 2026

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George Jackson wrote two books: “Soledad Brother,” and “Blood in My Eye” before her was killed in an attempt to escape prison on Aug. 21, 1971.

By Jana Lang, Propel Youth Reporter

Study. Train. Fast. Fight.

These are the four tenets of Black August, a month dedicated to commemorating the sacrifices of political prisoners and Black revolutionaries in the struggle for Black liberation.

Observers are urged to study the history of the Black struggle for freedom, train their bodies for health and self-defense, fast to cleanse the mind, body, and spirit, and fight ongoing oppression alongside their communities and local political organizations.

Beginning in 1979 in San Quentin State Prison, the Black Guerrilla Family called for the remembrance of political prisoner George Jackson and his brother Jonathan Jackson who were assassinated in the early 1970s. George Jackson was considered a political prisoner in that it was the anti-Black justice system that led to his incarceration for armed robbery with a sentence of one year-to-life in 1960.

While in prison, George befriended fellow prisoner W.L. Nolen, who introduced him to the works of Karl Marx, Vladimir Lenin, Mao Zedong, and Frantz Fanon. This radicalization coupled with his experiences of violence while imprisoned led to him writing and publishing two books, “Soledad Brother” (1970), and “Blood in my Eye” (1972). In January of 1970, George and two other prisoners were charged with murdering a corrections officer at Soledad State Prison in Monterey County.

On Aug. 7, 1970, Jonathan Jackson burst into a Marin County courtroom armed with a shotgun to demand the freedom of the Soledad Brothers. He, along with the inmates he freed, was shot and killed while driving away. This involved one of the Black Panther Party’s most notable associates, Angela Davis, because the shotgun was registered in her name. She was later acquitted of charges of conspiracy, kidnapping, and murder in 1972.

On Aug. 21, 1971, George Jackson was assassinated by a corrections officer after attempting to escape and free other inmates. As a result, there were uprisings and protests within prisons all over the country that year, calling forth resistance against racial oppression and mass incarceration.

Since its outset, Black August has evolved across the country, taking many forms to honor this history and embody the four tenets.

In Oakland, the upcoming Black August Experience, hosted by Youth Alive! and the East Oakland Boxing Association (EOBA), is a free, family-friendly event celebrating the legacy of Black August. Activities include free food and drinks, a kids’ activity zone, interactive workshops, live cooking and boxing demonstrations, and more.

Happening on Aug. 21 from 4-8 p.m. at the EOBA Patio, Carolyn Flynn, director of administration at EOBA, said the event, in its second year, will be an opportunity to engage with people in person through food, shared space, and education.

“We do regular classes in education, and those are ongoing programs that we offer, but we wanted to have [an opportunity] for our neighbors to utilize this space.” Combined with Youth Alive’s work in community violence prevention and youth leadership, this event surely aims to bring the Oakland community together to capture what Black August means today.

Here are additional Black August events happening in Oakland:

Forum and Community Discussion hosted by the Oakland Liberation Center, 1499 Fruitvale Ave., Aug. 14, 7 p.m.

“George Jackson/San Quentin” Screening hosted by Nostalgic for Nothing Cinema at Moments Co-Op, 410 13th St., Aug. 16, doors at 6 p.m., show at 6:30 p.m. (Masks required and scent-free)

Commemorating the Struggle, Building the Altar for Liberation: Black August at Bandung Books, 2269 International Blvd., Aug. 23rd, 1-5 p.m.

Building Opportunities for Self-Sufficiency (BOSS), will host “Black August: The Arc of Liberation” at Oakland City Hall on Sat. Aug. 29, from 11 a.m. to 3 p.m.