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Supreme Court Sharply Divided Over Housing Bias Cases

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Chief Justice John Roberts (AP Photo)

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.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Commentary

Biden, Vax Americana, and What the Recall Could Mean in COVID-19 Wars

Masking works. You can see it working. Vaccines work too, but we’re on the honor system for that. And people lie or show a fake vax cards. 

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COVID/Photo Courtesy of Stacy M. Brown NNPA Newswire 

At Oakland’s Stagebridge, I taught a class this year. One of my students couldn’t make the final. The student had COVID.

I don’t know if the student was vaccinated or whether this was a breakthrough case. But the fact remains, the COVID war must be our No. 1 priority—no matter how many people you see on TV at football games and sporting events unmasked. 

Masking works. You can see it working. Vaccines work too, but we’re on the honor system for that. And people lie or show a fake vax cards. 

This is why President Joe Biden’s speech last week, what I call his “Vax Americana” speech was so much more important than people want to admit.

It was his first get tough moment. And it reminded me of the phrase, “Pax Americana,” from post-World War II in 1945 to describe how the U.S. used its dominance to bring peace and prosperity to the world. 

After months of “nice,” Biden was a little less nice ordering federal workers to get vaxed, and OSHA to lean on employers with 100 workers to mandate vaccinations.

But all you need to remember from the speech was the last line, when Biden in a hushed, aggressive whisper said, “Get vaccinated.” 

What are you waiting for—a death bed conversion? 

It’s time to get serious about public health, about caring for our country and each other. 

We can end the war on COVID if we all do our part, masked and vaxed. 

I wonder if Biden knows about a non-profit in Stockton called Little Manila Rising

“Someone Pulled a Gun” 

You know what guns do to a situation. In the COVID wars, the anti-vaxers are insane. 

One of the handful of Filipino American canvassers for Little Manila Rising going door to door to provide the public with good information, got a rude greeting from an anti-vaxer.

“A gun!” said Amy Portello-Nelson, the head of the Get-Out-The-Vaccine drive in Stockton. The canvassers are armed only with information. No one was hurt, but you see how dangerous fighting COVID can be when you’re armed only with facts. 

Here’s what Little Manila Rising’s done in two months on the job. It has knocked on more than 32,000 doors and had 20,000 conversations. The area they’ve worked has gone from a vaccination rate of 32% to more than 50%. 

Talking to people and telling them to get vax works. It’s how we’re going to get back to normal. It’s going to take a “Vax Americana” effort.

The Recall

Of course, whatever happens with this gubernatorial recall will determine how quickly the state gets to the 70%-80% rate that gives us an effective herd immunity. 

My deadline is before any official recall results. And even then, mail-in ballots with a September 16 postmark will take time to be counted. 

The talk of voter fraud is greatly exaggerated. There’s more rhetorical fraud than anything else. 

With more than 8 million ballots in already, unless there’s a strange crossover vote, the Democrats should continue in power. 

But let’s say the recall succeeds and a person with the most votes among 46 also-rans becomes the new governor, it would not bode well for the state.

The Black conservative Larry Elder was leading among those who want to replace Governor Gavin Newsom.

Elder is an anti-vaxxer and has espoused views indicating that – under his leadership– California would look a lot more like Alabama, Texas, Louisiana and Florida on the COVID map. 

That would be the real monumental tragedy for California and for Vax Americana. 

Let’s face it, the political virus unleashed by the Republicans on our democracy is worse than COVID. 

The recall effort needs to die a natural death this week.

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Bay Area

Sept. 11, 2001, 20 years later: ‘Remembrance’ held aboard the USS Hornet Sea, Space & Air Museum

The USS Hornet Sea, Space & Air Museum, moored at the City of Alameda, hosted a “Remembrance” ceremony of the events of Sept. 11, 2001, on board the ship on the 20th anniversary, Sept. 11, 2021.

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U.S. Marine Corps Honor Guard, 23rd Marine Regiment: Sgt. Tristan Garivay, Sgt. Michael Her, Cpl. Adrian Chavez and Cpl. Quentavious Leeks. Photo by Russell Moore, USS Hornet Sea, Air & Space Museum, Community Events & Outreach

Quintin Jones, Colonel, USMC, Commanding Officer, 23rd Marine Regiment. Photo by Russell Moore, USS Hornet Sea, Air & Space Museum, Community Events & Outreach

The USS Hornet Sea, Space & Air Museum, moored at the City of Alameda, hosted a “Remembrance” ceremony of the events of Sept. 11, 2001, on board the ship on the 20th anniversary, Sept. 11, 2021.

The ceremony recognized the impact and consequences of the series of airline hijackings and suicide attacks committed on 2001 by 19 militants associated with the Islamic extremist group al-Queda against targets in New York City and Wash., D.C. Nearly 3,000 people died that day and 6,000 were injured.  This was the deadliest terrorist attack on American soil in U.S. history. 

The ceremony aboard the USS Hornet began with the presentation of the colors by the U.S. Marine Corps Honor Guard, 23rd Marine Regiment. (Pictured above.)

Leon Watkins, co-founder of The Walking Ghosts of Black History, was the Master of Ceremonies. He spoke about the extensive death and destruction which triggered the enormous U.S. effort to combat terrorism.

Daniel Costin, a special agent with the Federal Bureau of Investigation, spoke of the lasting impact of 9/11 terrorists attack on first responders. He recounted incidents where first responders rushed into the scenes of the attacks, many at the sacrifice of their own lives. More than 400 police officers and firefighters were killed that day: 343 members of the New York City Fire Department and 71 members of their law enforcement agencies.

Quintin Jones, Colonel, USMC, commanding officer of the 23rd Marine Regiment, spoke about the recovery efforts at the Pentagon following the terrorists’ attack where 125 people perished. He reflected on the actions of three first responders who recovered the U.S. Marine Corps flag from the commandant of the Marine Corps’ office at the Pentagon. This flag was still standing after the attack. It was a symbol of America’s resolve.

At the end of the formal presentations, the Marine Corps Wreath Bearers went to the fantail of the Hornet. After the playing of ‘Taps,’ they tossed a wreath into the San Francisco Bay to give final honors.

The Oakland Post’s coverage of local news in Alameda County is supported by the Ethnic Media Sustainability Initiative, a program created by California Black Media and Ethnic Media Services to support community newspapers across California.

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Community

Many in Black Communities are Choosing Vaccination 

Inequities in health outcomes have always been with us. COVID-19 morbidity and mortality rates among African Americans rival or exceed those in heart disease, diabetes and other illnesses. Blacks sit atop most bad lists and at the bottom of most good lists. 

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Vaccination/Photo Courtesy of Shutterstock

The trail of illness and death left amid the spread of COVID-19 in Black and African American communities should come as no surprise.

Inequities in health outcomes have always been with us. COVID-19 morbidity and mortality rates among African Americans rival or exceed those in heart disease, diabetes and other illnesses. Blacks sit atop most bad lists and at the bottom of most good lists.

COVID-19 vaccinations offer us an opportunity to better balance the scale.

Unfortunately, even with widely available testing, highly effective vaccines, and extraordinary efforts by health departments to educate and encourage people of color to get vaccinated, many Black Californians remain skeptical.

We can only hope that the FDA’s full regulatory approval of the Pfizer vaccine on August 23 for those 16 and up convinces more to get the vaccine.  It’s worth noting that emergency-use authorization also remains in place for the Moderna and Johnson & Johnson shots, as well as Pfizer’s for 12- to 15-year-olds – and that all of these vaccines are safe and effective in protecting against COVID-19 and its highly contagious variants.

Eddie Fairchild and Steph Sanders were skeptical about the COVID-19 vaccine but came to understand why vaccination benefits our entire community.

Fairchild, a Sacramento insurance agent, said he knew of research that found Black and white people are often treated differently for the same health conditions leading to poorer health outcomes.

“I was hesitant,” he said. “I was going to wait and see how it panned out with everyone else.

But when a Black friend in the health care field told him he’d opted to get vaccinated, Fairchild asked him why.

“He said, ‘Risk-reward, and the risk is death.’ At that point I didn’t have to ask him what the reward was.”

With a finance degree and a belief that numbers don’t lie, Fairchild looked at the data. He learned that until 2020 the average number of Americans who died each year was about 2.6 million, but in 2020 that figure was 3.4 million. There was only one possible explanation for the death rate surge, he said.

“COVID is absolutely real,” he said, adding that three of his cousins died from the virus. “Taking all that into consideration, I decided that it’s risky to engage in the world and not be vaccinated. It made sense for me to get it.”

Racial gaps in vaccination have thankfully narrowed in recent weeks. But as of September 1, while Black people account for 6% of the state’s population, they account for 6.6% of COVID-19 deaths, which is 11% higher than the statewide rate, according to state department of public health data. Only about 55% of Black people in California have had at least one dose of the vaccine.

Reasons for the discrepancies run the gamut, from conspiracy theories like Black people are getting a less effective vaccine than whites or that the vaccine will eventually be deadly, to challenges in health care access. 

Mostly, it’s based on a lack of trust in medical and scientific institutions, which have a long history of racism and mistreating Black people.

So even when it comes to good things like vaccines, which are scientifically proven to be good for the community, it always comes back to trust.

Sanders, a Vallejo school principal, was hesitant because of the Tuskegee syphilis studies in which Black men who had the disease were intentionally not treated with penicillin. And he was dubious that an effective vaccine could be developed so quickly. 

In fact, the science and technology enabling development of the COVID-19 vaccines was in development for a more than decade before the virus emerged in 2020. The FDA authorized three vaccines for emergency use after they underwent a rigorous process and were proven through trials to be safe and effective at preventing severe COVID-19, hospitalization, and death.

He decided to get vaccinated when his school board decided last spring to bring students back into classrooms.

Today, he’s a fervent vaccine advocate. He holds “lunch and learn” forums for educators, encouraging vaccination.

“I’m a leader and people are relying on my knowledge,” he said. “I tell them, ‘Don’t make this about you, but about the people you love and care about. It’s about protecting them.’”

There is still a long way to go before Blacks achieve true health equity, but vaccination against a virus that is taking a terrible toll on our communities is a critical step in the right direction.

 

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