Monday, June 29, 2015

The Supreme Court Ruling Nobody is Talking About

The media has been hammering on the SCOTUS-care and Gay Marriage rulings, because ratings, but it's not all they did.  What strikes me as another outrageous ruling was in the case of Texas Department of Housing and Community Affairs vs. The Inclusive Communities Project that upholds the notion that a seller can be guilty of discrimination against a buyer even if they didn't treat the buyer differently from other buyers and didn't intend to discriminate.   

If you're like me you're saying, "Excuse me?"
[The court ruled that] Texas's biggest housing subsidy has been reinforcing segregated housing. The project claimed that even if Texas did not treat minority applicants differently, the subsidy program had the effect of disadvantaging them, under a so-called "disparate impact" theory.
In other words,  if someone thinks the policy in question has a discriminatory effect, even if it wasn’t motivated by an intent to discriminate, they can sue the organization or seller.  The ruling will have the effect of encouraging lawsuits for discrimination; in doing so, it will force sellers to bend over backwards not to discriminate.  In effect, it will force reverse discrimination.

Last Friday, Bayou Renaissance Man posted an article on the Federal Department of Housing and Urban Development pushing to force towns to build low income housing in the highest income sections of town.  The reasoning?  Poor minorities don't live there because they can't afford it, and while the communities don't intend to discriminate, they are having a disparate impact.  As the NY Post put it:
An African-American millionaire can buy a home in any expensive suburb. Color is no longer a barrier.

Despite this progress, President Obama’s Department of Housing and Urban Development is accusing expensive towns of racism, simply because most minorities can’t afford to live there.
HUD’s soon-to-be-released regulation, in the works since 2013, will compel affluent suburbs across the nation to build more high-density, low-income housing, plus sewers, water lines, bus routes and other changes needed to support it.

Obama’s social engineers will eliminate local zoning requirements to achieve what the HUD rule calls “inclusive communities.”
Sound familiar? This is exactly what the Supreme Court decision just encouraged.  There's no intent to discriminate: whoever can afford to live in these suburbs can live there.  So the HUD is going to put projects into these neighborhoods, and force extreme or crippling costs on the local governments in the name of fixing "disparate impact". 
Predatory government. 


  1. Thanks for writing this- my feeling too- I think this ruling is just sticking the survey stakes in prior to the bulldozers rumbling.

  2. Hmmm.....So, HUD (which used to mean "Housing and Urban Development" but now means "Hopeless, Useless and Depressing") will "force" jurisdictions to create low income housing in areas currently with moderate and high income housing.

    Who will build this low income housing? If it's local builders I predict they'll encounter some local resistance, not as vindictiveness against them personally but as push-back against the driving concept, as mentioned in Kurt Schlicter's Conservative Insurgency and Charles Murray's By the People.

    Connection to water and sewer? Sure, we can do that, just as soon as you fill out these forms, meet these requirements, and our crews can schedule it. How does March, 2024 work for you?

    Mr. and Mrs. Builder, I'm sorry to tell you your little Johnny is failing several courses and will have to be held back. Yes, I know he's in kindergarten and one of the courses he's failing is recess, but as part of President Obama's education initiative, presented by the U.S. Department of Education, we have to comply with standards. We've arranged to have him tutored in sandbox and see-saw to help him, and that tutoring is scheduled for early next year. Budget restrictions, y'know.

    Flat tires, vehicles ticketed and towed, concrete mixed wrong (requiring tear-out for compliance after building inspectors discover the improper mix), EPA-mandated environmental impact studies, lightning strikes, rampant vandalism, Ebola contamination, local zoning requirements, the list is too long to list here, but there are all sorts of things involved in contsruction that can raise costs. It's probably government money driving this, so $1200/sq ft "low income housing" won't faze HUD. Last I heard, though, HUD doesn't own any hammers, saws or backhoes.

  3. Just what kind of dirt does Obama have on those nine? It must be pretty strong stuff.

  4. Birds of a feather must be prevented from flocking together! Chinatown, Little Italy, that neighborhood where all the Afghans seem to be concentrating... we must put a stop to these things!
    Now, how about throwing out criminal laws that have racially disparate impact? I'm thinking of two broad categories; can you guess what they are? Bonus: the history of many of these laws shows explicit racist intent!

  5. So let me get this straight..... Congress's "intent" matters vis-a-vie ObamaCare but my local zoning board's intent doesn't!?!? What a pile...