National

Scalia Could Be Surprise Vote in Supreme Court Housing Case

Published

12 years ago

January 22, 2015

This Aug. 30, 2014, photo shows the Texas Department of Housing and Community Affairs in Austin, Texas. The Obama administration may need the vote of a frequent conservative antagonist on the Supreme Court to preserve a decades-old strategy for fighting housing discrimination. Justice Antonin Scalia on Wednesday, Jan. 21, 2015, appeared at times to side with the administration and civil rights groups during arguments over the reach of the landmark Fair Housing Act of 1968, a case that otherwise seemed to split the court along ideological lines. Scalia seemed to agree with the court's four liberal justices that the law can be used to ban housing or lending practices without any proof of intent to discriminate. The court is considering a challenge from Texas officials to the use of so-called disparate impact lawsuits, which allege that even race-neutral lending or housing policies can have a harmful effect on minority groups. (AP Photo/Eric Gay, File)

This Aug. 30, 2014, photo shows the Texas Department of Housing and Community Affairs in Austin, Texas. (AP Photo/Eric Gay, File)

SAM HANANEL, Associated Press

WASHINGTON (AP) — The Obama administration may need the vote of a frequent conservative antagonist on the Supreme Court to preserve a decades-old strategy for fighting housing discrimination.

Justice Antonin Scalia on Wednesday appeared at times to side with the administration and civil rights groups during arguments over the reach of the landmark Fair Housing Act of 1968, a case that otherwise seemed to split the court along ideological lines.

Scalia seemed to agree with the court’s four liberal justices that the law can be used to ban housing or lending practices without any proof of intent to discriminate. The court is considering a challenge from Texas officials to the use of so-called disparate impact lawsuits, which allege that even race-neutral lending or housing policies can have a harmful effect on minority groups.

Scalia said Congress seemed to have such lawsuits in mind when it passed the law in the 1960s, and later amendments in 1988, to eliminate segregation in housing.

“I find it hard to read those two together in any other way than there is such a thing as disparate impact,” Scalia told Texas Solicitor General Scott Keller.

Civil rights organizations have speculated that conservatives on the court took up the case to knock out such lawsuits, which lower courts have uniformly allowed for 40 years. Their only hope is that Scalia or, perhaps Justice Anthony Kennedy, who is sometimes a swing vote, will side with the court’s four liberals to uphold the practice.

Later in the hourlong argument, Scalia made comments critical of disparate impact when he told Michael Daniel, lawyer for a Texas fair housing group, that “racial disparity is not racial discrimination.”

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

The issue has galvanized critics, including banks, mortgage companies and conservative groups, who say federal housing law should punish only intentional acts of discrimination. Two similar cases out of Minnesota and New Jersey reached the court in recent years, but those were settled in 2012 and 2013 just weeks before oral argument — in one case at the behest of the Obama administration.

The latest case involves an appeal from officials accused of awarding federal housing tax credits in a way that steered low-income housing to 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 that the policies still harmed black residents in violation of the Fair Housing Act.

Chief Justice John Roberts was among those expressing serious doubts about the tactic.

“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 argued in favor of disparate impact, said both plans may ultimately pass muster. As in the Texas case, Verrilli said a community still has a chance to justify a race-neutral policy that has a negative impact on minorities.

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

Verrilli said such cases were outliers and said typical cases “in the heartland” such as zoning restrictions or occupancy rules are more straightforward.

In his only comment, Justice Anthony Kennedy said it seemed “very odd to me” that disparate impact could apply to either case.

Scott Keller, the Texas Solicitor General, stressed there was no clear language authorizing discriminatory-impact lawsuits when the housing law was passed in 1968. While employment discrimination laws seem to allow it, he said it is not explicitly covered under the Fair Housing Act.

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.

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.

Keller said disparate impact claims would essentially force the state to make race-conscious decisions to avoid liability.

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Job Readiness, Housing Resources Among Services Provided at Coliseum Job Fair

OAKLAND POST — “Many individuals are eager to work, but face significant barriers,” said Rochelle Baxter-Green, a career development specialist at the Eastmont Self-Sufficiency Center and coordinator of the event. “Through collaboration, we can help remove those barriers and support lasting change,” she wrote in the invitation to event participants.

Published

23 minutes ago

July 26, 2026

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Vendors and guests at the fair on Wednesday. Photo by Jonathan Joes.

By Post Staff

The Bi-Annual Alameda County Community Connect Summer Resource and Job Fair for the Unhoused was held Wednesday at the Oakland Coliseum, drawing nearly 800 guests and 72 vendors.

In addition to housing assistance, vendors provided coaching, haircuts, headshots, and resume assistance for employment readiness; medical and dental services; veterinary services; food; clothing; gift cards; and more.

It was supported by Alameda County Supervisor Nate Miley, the Alameda County Work Development Board, Alameda County Probation Department, Social Services Agency, Oakland-Alameda Coliseum, and the Oakland Private Industry Council.

Their shared goal was to help create pathways to self-sufficiency while shifting perceptions of Alameda County’s unhoused residents.

“Many individuals are eager to work, but face significant barriers,” said Rochelle Baxter-Green, a career development specialist at the Eastmont Self-Sufficiency Center and coordinator of the event. “Through collaboration, we can help remove those barriers and support lasting change,” she wrote in the invitation to event participants.

As seasonal challenges like colder weather and increased need approach, community support is especially important. This event serves as a central hub where attendees can access wraparound services, connect with employers, and take meaningful steps toward stability. The fair supporters also provided hygiene packs and shoes and socks, anticipating colder weather ahead.

In May, Oaklandside reported that Alameda County’s biennial Point in Time count had found a 13% drop in overall homelessness and an 18% drop in unsheltered homelessness since 2024, bringing the proportion of unhoused people outside to its lowest point in more than a decade. Despite Oakland’s 20% decrease in the number of unhoused, the city can be seen as the ‘epicenter’ of the crisis by accounting for more than half of the county’s unhoused individuals, despite representing just 22% of the population.

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Commentary

Free Back-to-School Summer Family and Community Event Is Coming to Richmond

OAKLAND POST — Why is the film important? In 2025, the National Assessment of Educational Progress (NAEP) reported standardized test reading score results of six selected student groups: African American/Black, American Indian/Alaska Native, Asian, Hispanic, Two or More Races, and White.

Published

30 minutes ago

July 26, 2026

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By Carol Lee Tolbert

Boost African American and Black student literacy skills this school year by attending the 2026 ‘Right-To-Read’ film viewing on Saturday, Aug. 8, from 9:00 a.m. to 11:30 a.m. An award-winning documentary exposing the literacy crisis impacting many African American and Black students in our public schools.

In the words of the film’s director, “It’s a game changer.” After the audience views this eye-opening film, our experienced panelists will provide information to parents, guardians, and advocates on how to help children become proficient readers, close the literacy gap, and share why literacy matters.

Here is an example of a comment by a past attendee: “Excellent experience!” “The panel was amazing!”

Why is the film important? In 2025, the National Assessment of Educational Progress (NAEP) reported standardized test reading score results of six selected student groups: African American/Black, American Indian/Alaska Native, Asian, Hispanic, Two or More Races, and White.

Sadly, African American/Black students ranked last in fourth-grade reading scores and 5th in eighth-grade reading scores. So, what’s the big deal? According to NAEP, just 10 points can mean a grade-level difference between two students in the same class!

THE MORNING ALSO INCLUDES: A Backpack Giveaway, Fun Activities for Kids, Breakfast, Lunch, Prizes, and Materials!

To be sure, some African American/Black students are thriving in public schools, but far too many are not – as the data reveals. By watching this inspiring film and hearing from panelists, WCCUSD parents, guardians, and advocates can give children a jumpstart on the 2026-2027 school year. Every child deserves the opportunity to succeed!

This event is sponsored by the Oakland Eastbay Alliance of Black Educators (OEABE), in partnership with Easter Hill United Methodist Church and United Women of Faith.

Pre-register by July 29 at www.oeabe.org. Space is limited. Inquiries can be emailed to oeabe.info@gmail.com. Event location is 3911 Cutting Blvd, Richmond.

About the Author

Carol Lee Tolbert, M.A., M. Ed., is a former School Board Trustee, Education Consultant, and Vice President of OEABE.

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Community

New State Law Limits Student’s Cell Phone Use During School Hours

OAKLAND POST — There are two ways that schools will be able to put the phone-free policy into effect. They are single lock boxes in classrooms into which all students will be required to place their cell phones at the start of the day. This will primarily be at the elementary level.

Published

37 minutes ago

July 26, 2026

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By Denise Saddler, OUSD Superintendent, Special to The Post

Oakland schools announce their plan to prohibit access to wireless devices with exceptions for emergencies, special needs

As we approach the start of the 2026-27 school year on Monday, Aug. 10, there is a significant change coming to all schools about student cell phone use. Based on a new state law, every school day is now a Cell Phone Free Day.

That means during class, between classes, and during lunch, students will NOT be allowed to use their cell phones except in limited circumstances which are described below.

Because of the state law, the Board of Education voted in June to make all day, every day, in every school completely cell-phone free for all students. For purposes of this policy, “cell phone” means a smartphone or similar wireless communication device capable of calling, texting or accessing the internet; it does not include a device that a student needs for a documented medical condition or under an Individualized Education Program (IEP) or Section 504 Plan, which are addressed below.

There are two ways that schools will be able to put the phone-free policy into effect. They are single lock boxes in classrooms into which all students will be required to place their cell phones at the start of the day. This will primarily be at the elementary level.

At the secondary level, there will be what are called Yondr Pouches, into which students will place their phones at the start of the day. With their phones secure, the students will get to carry around the pouches, with no ability to access them, until the end of the day when they will be unlocked.

All pouches will be unlocked at dismissal, giving students access to their phones after school is over.

Consistent with state law, a student may access a stored phone only

(1) In a genuine health or safety emergency, as determined by a teacher or school administrator, or
(2) when a teacher, administrator, or the student’s physician authorizes it

A student who believes they need emergency access should tell a teacher or the front office. In situations in which families need to immediately contact their student, calling the school is the recommended option.

Family members may also choose to email their student; however, this is recommended only for routine, non-urgent contact. During a school safety emergency, the district’s separate emergency communication and reunification procedures, not this phone policy, will govern how families are updated and reunited with students.

The district’s communication is done through ParentSquare. Through Aeries, all families automatically have a ParentSquare account. It is a good idea to ensure you are registered to receive notifications from ParentSquare.

The basis for the state law and our Board Policy (BP 5131.8) is a need to eliminate distractions from learning in school. We know that when students are playing with their phones, they are not paying attention in class. Likewise, phones along with social media can cause not only distractions but also conflict between students.

This new policy is intended to help keep those conflicts to a minimum.

Phone use can also slow the growth of social skills in some students, which is partly why phone use will not be allowed during lunch and longer breaks so students can more easily engage with each other in person.

Likewise, as we adults well know, smart phone use can be addictive. This new policy will help students better control their phone use and prevent them from excessively engaging online.

We recognize some students may need continued access to a phone or similar device during the school day because of a documented medical need or because it is required under an IEP or Section 504 Plan. Families seeking an accommodation should contact their school’s front office or their student’s IEP/504 case manager, before the first day of school.

The district will provide schools the resources they will need to implement and enforce the cell phone-free school days. Please inform your student about what is coming regarding the elimination of student cell-phone use during the school day.

We deeply appreciate the support from our families and all staff to ensure that this new policy is in place and effective starting on the first day of school, Aug. 10.