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

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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

DateProceedings and Orders (key to color coding)
May 13 2014Petition for a writ of certiorari filed. (Response due June 16, 2014)
Jun 2 2014Brief of respondent Frazier Revitalization Inc. in support filed.
Jun 4 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jun 6 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the respondent Frazier Revitalization Inc.
Jun 11 2014Consent 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.
Jun 12 2014Order extending time to file response to petition to and including July 16, 2014.
Jun 16 2014Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Jun 16 2014Brief amici curiae of Pacific Legal Foundation, et al. filed.
Jun 16 2014Brief amici curiae of American Bankers Association, et al. filed.
Jun 16 2014Brief amicus curiae of Texas Apartment Association filed.
Jun 16 2014Brief amicus curiae of National Multifamily Housing Council filed.
Jun 24 2014Letter proposing a lodging of non-record material, consisting of ACS census data, received from counsel for amicus Eagle Forum filed.
Jul 16 2014Brief of respondent The Inclusive Communities Project, Inc. in opposition filed.
Jul 29 2014Reply of petitioners Texas Department of Housing and Community Affairs, et al. filed.
Jul 30 2014DISTRIBUTED for Conference of September 29, 2014.
Oct 2 2014Petition GRANTED limited to Question 1 presented by the petition.
Nov 12 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Nov 12 2014Consent 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.
Nov 13 2014Consent 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.
Nov 17 2014Brief amicus curiae of James P. Scanlan filed.
Nov 17 2014Brief of respondent Frazier Revitalization Inc. in support of petitioners filed.
Nov 17 2014Brief of petitioners Texas Department of Housing and Community Affairs, et al. filed.
Nov 17 2014Joint appendix filed. (Statement of costs filed.)
Nov 20 2014Brief amici curiae of Gail Heriot, and Peter Kirsanow filed.
Nov 21 2014SET FOR ARGUMENT ON Wednesday, January 21, 2015
Nov 21 2014Brief amicus curiae of The Project on Fair Representation filed.
Nov 24 2014Brief amici curiae of American Financial Services Association, et al.
Nov 24 2014Brief amicus curiae of American Civil Rights Union filed.
Nov 24 2014Brief amicus curiae of National Association of Home Builders filed.
Nov 24 2014Brief amici curiae of American Insurance Association, et al. filed.
Nov 24 2014Brief amici curiae of Consumer Data Industry Association, et. al., filed.
Nov 24 2014Brief amici curiae of Judicial Watch, Inc., and Allied Educational Foundation filed.
Nov 24 2014Brief amici curiae of Pacific Legal Foundation, et al. filed.
Nov 24 2014Brief amicus curiae of Texas Apartment Association filed.
Nov 24 2014Brief amicus curiae of The Houston Housing Authority filed.
Nov 24 2014Brief amici curiae of National Leased Housing Association, et al. filed.
Nov 24 2014Brief amicus curiae of Washington Legal Foundation filed.
Nov 24 2014Brief amici curiae of American Bankers Association, et al. filed.
Dec 2 2014CIRCULATED.
Dec 2 2014Record requested from the U.S.C.A. 5th Circuit.
Dec 15 2014Record received from U.S.C.A. 5th Circuit. The record is electronic and located on PACER.
Dec 15 2014Record received from U.S.D.C. Northern District of Texas. (12 Boxes of Exhibits).
Dec 17 2014Brief of respondent The Inclusive Communities Project, Inc. filed. (Distributed)
Dec 18 2014Brief amicus curiae of National Community Land Trust Network filed. (Distributed)
Dec 19 2014Brief amici curiae of Students from the New York University School of Law Seminar on Critical Narratives in Civil Rights filed. (Distributed)
Dec 19 2014Brief amicus curiae of Howard University School of Law Housing Clinic and Civil Rights Clinic filed. (Distributed)
Dec 19 2014Brief amici curiae of Sociologists. Social Psychologists, and Legal Scholars filed. (Distributed)
Dec 22 2014Brief amici curiae of National Association for the Advancement of Colored People, et al. filed. (Distributed)
Dec 22 2014Brief amici curiae of Henry Cisneros, et al. filed. (Distributed).
Dec 22 2014Brief amici curiae of American Civil Liberties Union, et al., filed.
Dec 23 2014Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Dec 23 2014Brief amicus curiae of National Black Law Students Association filed. (Distributed)
Dec 23 2014Brief amicus curiae of The Housing Equality Center of Pennslvania filed. (Distributed)
Dec 23 2014Brief amicus curiae of United States filed. (Distributed)
Dec 23 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 23 2014Brief amici curiae of AARP, et al. filed. (Distributed)
Dec 23 2014Brief amici curiae of National Fair Housing Alliance, et al., filed. (Distributed)
Dec 23 2014Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al., filed. (Distributed)
Dec 23 2014Brief amici curiae of Housing Scholars filed. (Distributed)
Dec 23 2014Brief amici curiae of Current and Former Members of Congress filed. (Distributed)
Dec 23 2014Brief amici curiae of Cities of San Francisco, et al., filed.
Dec 23 2014Brief amici curiae of John R. Dunne, et al., filed.
Dec 23 2014Brief amici curiae of Massachusetts, et al. filed. (Distributed)
Dec 23 2014Brief amicus curiae of Ian Ayres filed. (Distributed)
Dec 24 2014Brief amici curiae of American Planning Association and Housing Land Advocates filed. (Distributed)
Dec 24 2014Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
Dec 24 2014Brief amici curiae of Real Estate Professional Trade Organizations filed. (Distributed)
Jan 9 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 14 2015Reply of respondent Frazier Revitalization Inc. in support filed. (Distributed)
Jan 14 2015Reply of petitioners Texas Department of Housing and Community Affairs, et al. filed. (Distributed)
Jan 21 2015Argued. 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.)
Jun 25 2015Judgment 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.
Jul 27 2015JUDGMENT ISSUED.