From a Post by Rick Hasen of the Election Law Blog.
On a 5-4 vote, the Supreme Court upheld the use of a disparate impact test in a fair housing case. Justice Kennedy wrote the opinion, joined by the Court’s four liberals and over four dissenting Justices.
A parallel issue arises under the effects test of Section 2 of the Voting Rights Act. What does one have to show in the vote denial cases, such as when voter id laws have a disparate impact on racial minorities? Statistical disparities are not enough in the housing context, but looking at them is OK provided there is proof of causality.
He expects lower courts will look at this language in the Section 2 vote denial cases.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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