Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1371	5th Cir.	Jan 21, 2015	Jun 25, 2015	5-4	Kennedy	OT 2014

Holding: Disparate-impact claims are cognizable under the Fair Housing Act.

Judgment: Affirmed and remanded, 5-4, in an opinion by Justice Kennedy on June 25, 2015. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Scalia and Thomas joined.

SCOTUSblog Coverage

Symposium: An endorsement of forty years of effective fair housing enforcement (Morgan Williams, June 26, 2015)
Symposium: The Supreme Court recognizes but limits disparate impact in its Fair Housing Act decision (Paul Hancock and Andrew C. Glass, June 26, 2015)
Symposium: Fair housing after Ferguson (John Paul Schnapper-Casteras, June 26, 2015)
Symposium: Raising the stakes for disparate impact (William Consovoy, June 26, 2015)
Symposium: Supreme Courts victory for disparate impact includes a cautionary tale (Cory Andrews, June 25, 2015)
Evening round-up: Texas Department of Housing v. Inclusive Communities Project (Kali Borkoski, June 25, 2015)
Disparate-impact claims survive challenge: In Plain English (Amy Howe, June 25, 2015)
A view from the Courtroom: Barbs and backslaps in two big cases (Mark Walsh, June 25, 2015)
Symposium: The sweetness of the status quo: The Court upholds over forty years of precedent (Valerie Schneider, June 25, 2015)
Opinion analysis: A civil rights law made broader, but not too broad (Lyle Denniston, June 25, 2015)
Justice Scalia keeps both sides guessing in Fair Housing Act case: In Plain English (Amy Howe, January 22, 2015)
Argument analysis: Scalia versus Scalia on housing law? (Lyle Denniston, January 21, 2015)
Argument preview: That housing bias issue is back (Lyle Denniston, January 20, 2015)
Symposium: Congress must decide for itself whether it wants to push the constitutional envelope (William Consovoy, January 9, 2015)
Symposium: Romney was right about disparate-impact (Myron Orfield, January 8, 2015)
Symposium: The disparate-impact framework remains essential and effective (John Paul Schnapper-Casteras, January 7, 2015)
Symposium: Just give the Court a chance (Joshua Thompson and Ralph Kasarda, January 6, 2015)
Symposium: The case for disparate impact under the Fair Housing Act (Joe Rich and Thomas Silverstein, January 6, 2015)
Will the third time be the charm for the Fair Housing Act and disparate-impact claims? In Plain English (Amy Howe, January 6, 2015)
Petition of the day (Maureen Johnston, July 31, 2014)

Date	Proceedings and Orders (key to color coding)
05/13/2014	Petition for a writ of certiorari filed. (Response due June 16, 2014)
06/02/2014	Brief of respondent Frazier Revitalization Inc. in support filed.
06/04/2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
06/06/2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the respondent Frazier Revitalization Inc.
06/11/2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Inclusive Communities Project, Inc.
06/12/2014	Order extending time to file response to petition to and including July 16, 2014.
06/16/2014	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
06/16/2014	Brief amici curiae of Pacific Legal Foundation, et al. filed.
06/16/2014	Brief amici curiae of American Bankers Association, et al. filed.
06/16/2014	Brief amicus curiae of Texas Apartment Association filed.
06/16/2014	Brief amicus curiae of National Multifamily Housing Council filed.
06/24/2014	Letter proposing a lodging of non-record material, consisting of ACS census data, received from counsel for amicus Eagle Forum filed.
07/16/2014	Brief of respondent The Inclusive Communities Project, Inc. in opposition filed.
07/29/2014	Reply of petitioners Texas Department of Housing and Community Affairs, et al. filed.
07/30/2014	DISTRIBUTED for Conference of September 29, 2014.
10/02/2014	Petition GRANTED limited to Question 1 presented by the petition.
11/12/2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
11/12/2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Frazier Revitalization, Inc.
11/13/2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Inclusive Communities Project, Inc.
11/17/2014	Brief amicus curiae of James P. Scanlan filed.
11/17/2014	Brief of respondent Frazier Revitalization Inc. in support of petitioners filed.
11/17/2014	Brief of petitioners Texas Department of Housing and Community Affairs, et al. filed.
11/17/2014	Joint appendix filed. (Statement of costs filed.)
11/20/2014	Brief amici curiae of Gail Heriot, and Peter Kirsanow filed.
11/21/2014	SET FOR ARGUMENT ON Wednesday, January 21, 2015
11/21/2014	Brief amicus curiae of The Project on Fair Representation filed.
11/24/2014	Brief amici curiae of American Financial Services Association, et al.
11/24/2014	Brief amicus curiae of American Civil Rights Union filed.
11/24/2014	Brief amicus curiae of National Association of Home Builders filed.
11/24/2014	Brief amici curiae of American Insurance Association, et al. filed.
11/24/2014	Brief amici curiae of Consumer Data Industry Association, et. al., filed.
11/24/2014	Brief amici curiae of Judicial Watch, Inc., and Allied Educational Foundation filed.
11/24/2014	Brief amici curiae of Pacific Legal Foundation, et al. filed.
11/24/2014	Brief amicus curiae of Texas Apartment Association filed.
11/24/2014	Brief amicus curiae of The Houston Housing Authority filed.
11/24/2014	Brief amici curiae of National Leased Housing Association, et al. filed.
11/24/2014	Brief amicus curiae of Washington Legal Foundation filed.
11/24/2014	Brief amici curiae of American Bankers Association, et al. filed.
12/02/2014	CIRCULATED.
12/02/2014	Record requested from the U.S.C.A. 5th Circuit.
12/15/2014	Record received from U.S.C.A. 5th Circuit. The record is electronic and located on PACER.
12/15/2014	Record received from U.S.D.C. Northern District of Texas. (12 Boxes of Exhibits).
12/17/2014	Brief of respondent The Inclusive Communities Project, Inc. filed. (Distributed)
12/18/2014	Brief amicus curiae of National Community Land Trust Network filed. (Distributed)
12/19/2014	Brief amici curiae of Students from the New York University School of Law Seminar on Critical Narratives in Civil Rights filed. (Distributed)
12/19/2014	Brief amicus curiae of Howard University School of Law Housing Clinic and Civil Rights Clinic filed. (Distributed)
12/19/2014	Brief amici curiae of Sociologists. Social Psychologists, and Legal Scholars filed. (Distributed)
12/22/2014	Brief amici curiae of National Association for the Advancement of Colored People, et al. filed. (Distributed)
12/22/2014	Brief amici curiae of Henry Cisneros, et al. filed. (Distributed).
12/22/2014	Brief amici curiae of American Civil Liberties Union, et al., filed.
12/23/2014	Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
12/23/2014	Brief amicus curiae of National Black Law Students Association filed. (Distributed)
12/23/2014	Brief amicus curiae of The Housing Equality Center of Pennslvania filed. (Distributed)
12/23/2014	Brief amicus curiae of United States filed. (Distributed)
12/23/2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/23/2014	Brief amici curiae of AARP, et al. filed. (Distributed)
12/23/2014	Brief amici curiae of National Fair Housing Alliance, et al., filed. (Distributed)
12/23/2014	Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al., filed. (Distributed)
12/23/2014	Brief amici curiae of Housing Scholars filed. (Distributed)
12/23/2014	Brief amici curiae of Current and Former Members of Congress filed. (Distributed)
12/23/2014	Brief amici curiae of Cities of San Francisco, et al., filed.
12/23/2014	Brief amici curiae of John R. Dunne, et al., filed.
12/23/2014	Brief amici curiae of Massachusetts, et al. filed. (Distributed)
12/23/2014	Brief amicus curiae of Ian Ayres filed. (Distributed)
12/24/2014	Brief amici curiae of American Planning Association and Housing Land Advocates filed. (Distributed)
12/24/2014	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
12/24/2014	Brief amici curiae of Real Estate Professional Trade Organizations filed. (Distributed)
01/09/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/14/2015	Reply of respondent Frazier Revitalization Inc. in support filed. (Distributed)
01/14/2015	Reply of petitioners Texas Department of Housing and Community Affairs, et al. filed. (Distributed)
01/21/2015	Argued. For petitioners: Scott A. Keller, Solicitor General of Texas, Austin, Tex. For respondent: Michael M. Daniel, Dallas, Tex.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
06/25/2015	Judgment is affirmed and case remanded. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Scalia and Thomas, JJ., joined.
07/27/2015	JUDGMENT ISSUED.