Supreme Court agrees to hear State of Texas’ appeal of Inclusive Communities v. State of Texas

The United States Supreme Court agreed today to hear and appeal in Inclusive Communities Project v. Texas Department of Housing and Community Affairs.

The issue is narrowly drawn around the question of whether or not a violation of the Fair Housing Act can be proved by a showing of statistical disparate impact on a protected class, without justification, or whether the Fair Housing Act requires proof of intent to discriminate.