Members File Bipartisan Supreme Court Amicus Brief in Mt. Holly v. Mt. Holly Garden Citizens in Action
(WASHINGTON) – Today, Congressman John Conyers,
Jr. (D-Mich.), Ranking Member of the House Judiciary Committee, and
Congressman Jerrold Nadler (D-N.Y.), Ranking Member of the House
Judiciary Subcommittee on the Constitution and Civil
Justice, filed an amicus brief in the Supreme Court case of Mount Holly
v. Mt. Holly Gardens Citizens in Action, Inc. At the heart of this case
is whether disparate impact – a method of proving discrimination by
showing that policies or practices are discriminatory
in application even if neutral on their face – can be used to enforce
the Fair Housing Act, federal legislation that prohibits housing and
lending discrimination. In their amicus brief, Reps. Conyers and Nadler
argue in favor of disparate impact, citing extensive
legislative history demonstrating that Congress intended to reach all
forms of discrimination and chose language to accomplish this goal.
Upon filing the amicus brief, Reps. Conyers and Nadler issued the following statement:
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U.S. Representative
John Conyers, Jr. |
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Rep. John Conyers, Jr. (D-Mich.): “As our
country went through a turbulent period in the fight for civil rights, I
championed and voted in favor of the landmark Fair Housing Act in 1968.
We passed this historic law, which came on
the heels of the Civil Rights Act of 1964 and the Voting Rights Act of
1965, understanding that we needed to reach and prohibit decades of
discriminatory policies and practices. That is why we outlawed both
intentional acts of discrimination as well as practices
that, while seemingly neutral on their face, have the same
discriminatory effect. In the forty-five years since its passage –
including in the recent $335 million settlement of Countrywide
Financial’s predatory lending practices during the housing boom –
disparate impact standards, which account for practices that have a
discriminatory effect, have been used to enforce the Fair Housing Act’s
promise of equal opportunity for all. Disparate impact remains a key
civil rights enforcement tool, and I hope that
this vital standard emerges stronger from this legal challenge.”
Rep. Jerrold Nadler (D-N.Y.):
“Unfortunately, discrimination in housing and housing-related lending
remains a major problem in this country. During the recent housing boom
and bust, companies like Countrywide Financial charged minority
applicants with higher interest rates and steered them into costly
subprime mortgages. There, the Justice Department successfully used
disparate impact theory – as it has for several decades, during both
Republican and Democratic administrations – to challenge
this unlawful practice. The Mount Holly case jeopardizes this key
enforcement tool and puts at risk the progress our nation has made
regarding housing discrimination. We urge the Court to preserve
disparate impact theory, and help ensure that the promise
of equal housing opportunity becomes a reality for all.”
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