Connect with us

National

Supreme Court Sharply Divided Over Housing Bias Cases

Published

on

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.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Activism

Six Months in, Probate Reform Coalition Marks Progress in Protecting Elders From Financial Abuse

Despite the cited obstacles, NPRC has made some promising inroads towards their mission.  NPRC has identified that nationwide the Attorneys General must be engaged and encouraged to implement oversight, protection and enforcement of the law; members find support from each other as they advocate for redress via “letters of compassion” sent to judges, nursing facilities and law enforcement agencies and members are instructed on their rights, how to take constructive action to protect those rights through access to resources that allow them to intelligently represent themselves in court.

Published

on

NPRC member Stewart E. Handte, a former Mineral County, Nevada, Sheriff and 27-year veteran of police work, currently wears an ankle monitor after he was arrested on kidnapping charges for helping his friend, Roger Hilligus, remove Hilligus’ mother, Susan Hilligus, from a nursing facility after finding her bruised and neglected. NPRC has submitted a “Letter of Compassion” for both Handte and Hilligus requesting that charges be dropped. Courtesy photo.
NPRC member Stewart E. Handte, a former Mineral County, Nevada, Sheriff and 27-year veteran of police work, currently wears an ankle monitor after he was arrested on kidnapping charges for helping his friend, Roger Hilligus, remove Hilligus’ mother, Susan Hilligus, from a nursing facility after finding her bruised and neglected. NPRC has submitted a “Letter of Compassion” for both Handte and Hilligus requesting that charges be dropped. Courtesy photo.

By Tanya Dennis

The National Probate Reform Coalition, a loose-knit national coalition of advocates, victims, and families dedicated to protecting elder rights, especially within the probate court system, was formed by the Post Newspaper Group (PNG) after more than a decade of reporting on the mistreatment of elders and the plunder of their estates.

In response, PNG Publisher Paul Cobb set in motion a series of monthly town halls to address the problem and propose workable solutions, designating it a “year of action.”

At six months, the coalition has attracted families, advocates, and experts across the nation whose strategies have proven effective in their respective states, and who are moving forward collectively with the mission of engaging judicial, legislative, and enforcement agencies to ensure elders are not exploited or abused.

“The issue of elder abuse is multi-layered”, says NPRC planning committee member Venus Gist.  “Elders are our most vulnerable population, next to children, and they are easily exploited by strangers, their own family members, and the judicial system designed to protect them.”

Since January, NPRC has, via monthly virtual meetings held on the first Thursday of each month, clearly defined the issues and formulated workable solutions that can be implemented nationwide.

“There are amazing laws on the books that protect elders and their assets,” said NPRC member Zakiya Jendayi. “The problem is they are ignored, and that lack of oversight has led to systemic abuse in the Probate Court system, not just in Alameda County, but nationwide.

“The scary part is the collusion and wall of silence NPRC has encountered when reaching out to the Judicial Council, legislators, and the State Bar for assistance.  It’s so obvious that one hand is washing the other, that they’re protecting each other, that it’s difficult to initiate any type of meaningful reform much less dialogue.”

Despite the cited obstacles, NPRC has made some promising inroads towards their mission.  NPRC has identified that nationwide the Attorneys General must be engaged and encouraged to implement oversight, protection and enforcement of the law; members find support from each other as they advocate for redress via “letters of compassion” sent to judges, nursing facilities and law enforcement agencies and members are instructed on their rights, how to take constructive action to protect those rights through access to resources that allow them to intelligently represent themselves in court.

Stacy Drake, a Texas member, says, “I’ve been looking for help for over 10 years with my situation, and I finally found it within the NPRC coalition.  God answered my prayers.”

Broadening its reach within Alameda County, NPRC has invited Oakland Mayor Barbara Lee to assist with outreach, education, and resolution.

“We hope to host an elder abuse/elder protection symposium annually, if not twice a year, to let our elders know that Alameda County and the City of Oakland are a safe place, a place where in their golden years they have no worries regarding exploitation and abuse,” said Cobb. “Society is defined by how the care for its children and elders.”

Continue Reading

Bay Area

UC Berkeley Named Top Public University in the U.S. and No. 7 in the World by ‘U.S. News’

Berkeley has been consistently awarded the distinction of the U.S.’s top public university since the Best Global Universities list was first published in 2014. “A strong position in the Best Global Universities rankings recognizes a school’s profound commitment to world-class research and cross-border academic excellence,” said LaMont Jones, managing editor for education at U.S. News.

Published

on

Photo by Keegan Houser/UC Berkeley.
Photo by Keegan Houser/UC Berkeley.

The 2026 Best Global Universities rankings evaluated 2,250 research institutions from more than 100 countries

By Lila Thulin

U.S. News & World Report has ranked UC Berkeley No. 7 in its 2026 list of the best global universities, which assesses more than 2,250 research institutions worldwide.

Berkeley also claimed the honor of top public university in the U.S.

Released on Monday, the list evaluates universities from more than 100 countries on 13 metrics such as global and research reputation (as reported by academics and peers) and number of highly cited scholarly papers.

Berkeley has been consistently awarded the distinction of the U.S.’s top public university since the Best Global Universities list was first published in 2014.

“A strong position in the Best Global Universities rankings recognizes a school’s profound commitment to world-class research and cross-border academic excellence,” said LaMont Jones, managing editor for education at U.S. News.

The rankings also assess a university’s strength in various subject areas; these assessments are separate from U.S. News’ 2026 Best Graduate Programs rankings released in April.

This year, Berkeley was named in the top three nationally in seven subject areas – environment/ecology, ecology, water resources, physics, computer science, chemistry, and engineering – and in the top five for a total of 17 subjects. Subject rankings are based heavily on scholarly publications and citations as well as reputation.

In September, U.S. News also released its 2026 Best Colleges list, in which Berkeley was also named the No. 1 public institution among American universities.

That honor joins other accolades judging campus to be the best public university in the country, such as those from ForbesThe Wall Street Journal and Times Higher Education.

Continue Reading

#NNPA BlackPress

Lock In Car Price: Avoid Dealer Payment Traps!

Watch the long-form video https://youtu.be/YANxGwD2CjI Don’t get swayed by monthly payments! Always settle the out-of-the-door price first, including all fees. Only then discuss monthly payments, terms, and potential add-ons. #AutoNetwork #CarBuyingTips #CarSales #DealershipSecrets #Negotiation
The post Lock In Car Price: Avoid Dealer Payment Traps! appeared first on BlackPressUSA.

Published

on

Watch the long-form video

Don’t get swayed by monthly payments! Always settle the out-of-the-door price first, including all fees. Only then discuss monthly payments, terms, and potential add-ons. #AutoNetwork #CarBuyingTips #CarSales #DealershipSecrets #Negotiation

The post Lock In Car Price: Avoid Dealer Payment Traps! appeared first on BlackPressUSA.

Continue Reading

Subscribe to receive news and updates from the Oakland Post

* indicates required

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

WORK FROM HOME

Home-based business with potential monthly income of $10K+ per month. A proven training system and website provided to maximize business effectiveness. Perfect job to earn side and primary income. Contact Lynne for more details: Lynne4npusa@gmail.com 800-334-0540

Facebook

Trending

Copyright ©2021 Post News Group, Inc. All Rights Reserved.