Housing Case Redefines Discrimination

Justices say it's the effect that matters, not the intent.

Apartments for all.

Photographer: Scott Halleran/Getty Images

Justice Anthony Kennedy continues to surprise. The swing justice wrote an important liberal opinion, holding Thursday for a 5-4 court that the Fair Housing Act prohibits not only intentional discrimination, but also policy decisions that discriminate by having a disparate impact on minorities.

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