In a 5-4 decision, justices re-affirm a 47-year-old federal law that cracks down on housing discrimination. They hold that the law allows for both claims for intentional discrimination, and claims on practices that are not intended to discriminate, but have a discriminatory effect. According to Justice Kennedy, writing on behalf of the majority, which includes Justices Ginsburg, Kagan, Sotomayor and Breyer.
Much progress remains to be made in our nation’s continuing struggle against racial isolation. The Court acknowledges the Fair Housing Act’s continuing role in moving the nation toward a more integrated society.
In dissent Justice Thomas said the court was in danger of constructing “a scheme that parcels out legal privileges to individuals on the basis of skin color.”