How Justice Kennedy’s Retirement Could Lead to an Increase in Housing Discrimination
“One case of particular importance on which Kennedy provided the swing vote involves curbing discrimination—even if it’s subtle discrimination—in housing policy. 2015’s Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. confirmed that the government can use ‘disparate impact’ as means to prove discrimination in housing, which is how the Fair Housing Act had been interpreted since its inception in 1968. Disparate impact is the idea that discrimination can occur based on race or another protected class even if it’s not explicitly written into policy. For example, even if a policy itself is neutral, if it causes a disproportionate, negative effect on those in a protected class, it is still unlawful discrimination.”