Op-Ed

Will the Supreme Court Evict Fair Housing Law?

Published

11 years ago

January 27, 2015

By Charlene Crowell
NNPA Columnist

Although a series of civil rights laws were enacted in the 1960s, in the 21st Century many of these victories continue to face legal challenges. On January 21, one such challenge was heard by the United States Supreme Court. By the time the Justices rule in the case of Texas Department of Housing v. Inclusive Communities Project, the nation’s Fair Housing Act of 1968 will either be gutted or strengthened.

Lawyers argued whether the Fair Housing Act was intended to apply only to intentional discrimination or whether policies and practices that lead to exclusionary racial patterns are within the scope of the law, causing “disparate impact.”

In 2008, The Inclusive Project, a nonprofit organization that advocates fair and affordable housing in the Dallas metro area, sued the Texas Department of Housing and Community Affairs. It charged the state agency with perpetuating racial disparities violating fair housing by the way it used an indirect federal subsidy called Low-Income Housing Tax Credits (LIHTCs). The tax credits, used across the country to support permanently affordable rental housing options for low-income families, were alleged in Texas to target minority areas while excluding them in predominantly White ones.

In March 2014, the U.S. Federal Fifth Circuit of Appeals agreed with The Project. Undaunted by the appellate decision, in May 2014, the Texas agency petitioned the U.S. Supreme Court.

Since then, amicus or “friend of the court” briefs have been filed by a number of diverse organizations that include AARP, Hope Enterprise Corporation, Howard University School of Law Housing Clinic, Judicial Watch, Lawyers’ Committee for Civil Rights Under Law, NAACP Legal Defense and Education Fund, National Black Law Students Association, the National Fair Housing Alliance and the Center for Responsible Lending (CRL).

Fair housing advocates have raised their voices and organized protests to mount pressure that conveys just how important fair housing is to the nation’s citizens and its economy.

Speaking at a January 21 midday rally organized by the National Fair Housing Alliance and held on the steps of the U.S. Supreme Court, Nikitra Bailey, senior vice-president with CRL said, “Today the question before the Supreme Court is a simple one: Will the court stand on the side of justice and fairness by upholding disparate impact as a critical tool under the Fair Housing Act, or will it take a step backwards in our nation’s storied history and allow rampant discrimination in housing and finance markets to go unchecked?”

“The answer for the court should be easy,” continued Bailey. “Disparate impact is a longstanding safeguard for fairness – it simply requires that policymakers, banks and other housing service providers pick the fairest option to avoid discrimination.”

Myron Orfield, a professor of law and director of the Institute on Metropolitan Opportunity at the University of Minnesota, was equally direct on the issue in a recent blog.

“If the Supreme Court holds that there is no disparate impact cause of action under the Fair Housing Act, it will remove the single most effective tool available to fight discrimination and segregation,” concluded Orfield.

In recent years, two other cases with essentially the same arguments were settled before the Roberts Court could rule. In this third case, the likelihood of a settlement appears remote.

Key federal agencies have fully embraced disparate impact as central to their work. For example, in a 2012 address before the National Community Reinvestment Coalition, Richard Cordray, director of the Consumer Financial Protection Bureau, said, “We cannot afford to tolerate practices, intentional or not, that unlawfully price out or cut off segments of the population from credit markets.”

Less than a year later in February 2013, HUD issued its own disparate impact rule holding that housing discrimination and lending occurs not only by intent; but also by effect. At the time, HUD Secretary Shaun Donovan said, “Through the issuance of this Rule, HUD is reaffirming its commitment to enforcing the Fair Housing Act in a consistent and uniform manner. This will ensure the continued strength of one of the most important tools for exposing and ending housing discrimination.”

Earlier mortgage research by CRL found that racial disparities really meant that communities of color bore a disproportionately large share of foreclosures, lost wealth, and deteriorating quality of life. African-American and Latino borrowers were, respectively, 2.8 and 2.3 times as likely to receive a mortgage loan with a prepayment penalty – even though many of these borrowers could have qualified for more affordable and sustainable loans. At the height of the foreclosure crisis, borrowers of color were also foreclosed at rates nearly double that experienced by Whites.
With such broad and strong support for disparate impact and research revealing its harms, if the Supreme Court takes the more narrow approach of intentional discrimination as it relates to the Fair Housing Act, the multiple and rippling effects may reverse fair housing’s hard-fought gains.

As Marc Morial, president and CEO of the National Urban League recently wrote, “I think all fair-minded people would agree that we should not allow these types of discriminatory outcomes to persist. Private civil rights attorneys, state Attorney Generals, federal enforcement agencies and others continue to work diligently to ensure that those practices are a part of the past – and not our future.”

Charlene Crowell is a communications manager with the Center for Responsible Lending. She can be reached at Charlene.crowell@responsiblelending.org.

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Seth Curry Makes Impressive Debut with the Golden State Warriors

Seth looked comfortable in his new uniform, seamlessly fitting into the Warriors’ offensive and defensive system. He finished the night with an impressive 14 points, becoming one of the team’s top scorers for the game. Seth’s points came in a variety of ways – floaters, spot-up three-pointers, mid-range jumpers, and a handful of aggressive drives that kept the Oklahoma City Thunder defense on its heels.

Published

1 week ago

December 4, 2025

Oakland Post

Seth Curry is a point guard on the GSW team.Photo courtesy of the Golden State Warriors.

By Y’Anad Burrell

Tuesday night was anything but ordinary for fans in San Francisco as Seth Curry made his highly anticipated debut as a new member of the Golden State Warriors. Seth didn’t disappoint, delivering a performance that not only showcased his scoring ability but also demonstrated his added value to the team.

At 35, the 12-year NBA veteran on Monday signed a contract to play with the Warriors for the rest of the season.

One of the most memorable moments of the evening came before Seth even scored his first points. As he checked into the game, the Chase Center erupted into applause, with fans rising to their feet to give the newest Warrior a standing ovation.

The crowd’s reaction was a testament not only to Seth’s reputation as a sharpshooter but also to the excitement he brings to the Warriors. It was clear that fans quickly embraced Seth as one of their own, eager to see what he could bring to the team’s championship aspirations.

Warriors’ superstar Steph Curry – Seth’s brother – did not play due to an injury. One could only imagine what it would be like if the Curry brothers were on the court together. Magic in the making.

Seth’s debut proved to be a turning point for the Warriors. Not only did he contribute on the scoreboard, but he also brought a sense of confidence and composure to the floor.

While their loss last night, OKC 124 – GSW 112, Seth’s impact was a game-changer and there’s more yet to come. Beyond statistics, it was clear that Seth’s presence elevated the team’s performance, giving the Warriors a new force as they look to make a deep playoff run.

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Activism

Essay: Intentional Self Care and Community Connections Can Improve Our Wellbeing

At the deepest and also most expansive level of reality, we are all part of the same being, our bodies made from the minerals of the earth, our spirits infused by the spiritual breath that animates the universe. Willingness to move more deeply into fear and pain is the first step toward moving into a larger consciousness. Willingness to move beyond the delusion of our separateness can show us new ways of working and living together.

Published

1 month ago

October 27, 2025

Oakland Post

Lorraine Bonner is a retired physician. She is also a sculptor who works in clay, exploring issues of trust, trustworthiness and exploitation, as well as visions of a better world.

By Dr. Lorraine Bonner, Special to California Black Media Partners

I went to a medical school that was steeped in the principles of classical Western medicine. However, I also learned mindfulness meditation during that time, which opened me to the multifaceted relationship between illnesses and the interconnecting environmental, mental and emotional realities that can impact an individual’s health.

Therefore, when I began to practice medicine, I also pursued training in hypnosis, relaxation techniques, meditation, and guided imagery, to bring a mind-body focus to my work in medical care and prevention.

The people I saw in my practice had a mix of problems, including high blood pressure, diabetes, and a variety of pain issues. I taught almost everyone relaxation breathing and made some general relaxation tapes. To anyone willing, I offered guided imagery.

“My work embraced an approach to wellness I call “Liberatory Health” — one that not only addresses the treatment and management of disease symptoms but also seeks to dismantle the conditions that make people sick in the first place.”

From my perspective, illness is only the outermost manifestation of our efforts to cope, often fueled by addictions such as sugar, tobacco, or alcohol, shackled by an individualistic cult belief that we have only ourselves to blame for our suffering.

To put these ideas into practical form, I would quote the immortal Mr. Rogers: “Find the helpers.” There are already people in every community working for liberation. Some of them are running for office, others are giving food to those who need it. Some are volunteering in schools, libraries or hospitals. Some are studying liberation movements, or are working in urban or community gardens, or learning to practice restorative and transformative justice, or creating liberation art, music, dance, theater or writing. Some are mentoring high schoolers or apprenticing young people in a trade. There are many places where compassionate humans are finding other humans and working together for a better world.

A more compassionate world is possible, one in which we will all enjoy better health. Creating it will make us healthier, too.

In community, we are strong. Recognizing denial and overcoming the fragmenting effects of spiritual disorder offer us a path to liberation and true health.

Good health and well-being are the collective rights of all people!

About the Author

Dr. Lorraine Bonner is a retired physician. She is also a sculptor who works in clay, exploring issues of trust, trustworthiness and exploitation, as well as visions of a better world.

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Activism

Opinion: Can Donald Trump Pole Dance?

Given all that is happening, if the presidency was more like pole dancing, you know Trump would be flat on his butt.

Published

3 months ago

September 14, 2025

Oakland Post

iStock.

By Emil Guillermo

The news cycle has been buzzing the last few weeks. Xi, with Putin and Kim, the sweethearts of Trump carousing alone without him? The victims of the pedophile Epstein speaking out publicly in DC.

Then, there’s the release of that salacious letter Donald Trump allegedly wrote to Jeffrey Epstein. Trump said the letter didn’t exist. But it does.

Timing is everything.

Additionally, there are further concerns, such as the Supreme Court removing restrictions on ICE interactions. ICE Agents can stop anyone now. For any reason. And there’s the threat of the U.S. sending the military to fight crime in Chicago. Trump even posted a meme of himself as a character in “Apocalypse Now.”

All that with bad polls and bad economic numbers, and these topics are dominating the news cycle — Trump era chaos.

Given all that is happening, if the presidency was more like pole dancing, you know Trump would be flat on his butt.

The reality is the opposite. He keeps going strong like nothing’s happened. Inexplicably, Trump always seems to defy gravity.

That’s why to reassure myself with reality, I just think of Trump on a pole. Dancing. He was born on Flag Day, after all.

I’ve got pole dancing on my mind because I’m in Canada at the Vancouver Fringe Festival doing my show, “Emil Amok 69, Everything’s Flipped,” about how the current political situation gets very personal.

Get tickets here if you’re near:

I’ve performed at 16 fringe festivals, and I always look for unique performers. This year, in my same venue (the Revue Stage) I found her in a show, “The Pole Shebang.”

Andrea James Lui may look like a typical Asian American at first.

But she’s Asian Canadian, married to an Australian, who now lives down under.

At the Vancouver Fringe, she highlights her special identity.

Pole Dancer

Yes, pole dancing has come to the fringe. Leave your dollar bills at home, this is not that kind of pole dancing.

This is more Cirque Du Soleil-ish- acrobatic stuff, yet it’s hard to deny the sexiness when a woman flawlessly swings from a pole with her legs apart.

The show is more intriguing than it is titillating.

Lui has created a behind-the-scenes look at the “polar” experience.

“She could have been a physicist,” says her big sister Christina, who despite saying that, supports her sister 100 percent.

Lui touches on some of the emotional depth in the poled subculture. But there’s plenty more to mine in the future. “Polar Bare,” the Musical? I’d see it.

Trump on a Pole

So that’s how I’ve come to the polar metaphor.

As Trump flails in the news, I picture him on a pole.

The letter to Epstein is further proof of the character of the man.

Will he stay afloat?

Not if the presidency were more like pole dancing.

You can’t lie on the pole.

That’s one way all of us in the Trump era can get to the truth.

About the Author

Emil Amok is a veteran journalist, commentator, and stage monologist. He has written a weekly column on Asian Americans for more than 30 years.

Contact: www.amok.com