The U.S. Supreme Court heard arguments in a case that will determine whether Texas can be sued for disparate impact under the Fair Housing Act (FHA), and industry professionals are saying the decision could go either way. Justice Antonin Scalia made comments suggesting that it would be hard to ignore other courts' validations of disparate impact, which threw off many observers' initial predictions.
"It's a lot less clear now than what I thought it was going to be in terms of where the justices are headed," said Litigation attorney Lynn Calkins. "It seems like Scalia is less decided than he often comes across."
READ: Ending Hated 'Disparate Impact' Is Tough Sell for High Court (subscription may be required)
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