Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Magner v. Gallagher

Docket No. Op. Below Argument Opinion Vote Author Term
10-1032 8th Cir. Not Argued Feb 14, 2012 N/A N/A OT 2011

Disclosure: Goldstein & Russell, P.C. serves as counsel to the respondents in this case.

Issue: (1) Whether disparate impact claims are cognizable under the Fair Housing Act; and, if so (2) what test should be used to analyze them.

Plain English Issue: (1) Whether a lawsuit can be brought for a violation of the Fair Housing Act based on a practice that is not discriminatory on its own, but has a discriminatory effect; and, if so, (2) how should courts determine whether a practice has a discriminatory effect and violates the Act?

Judgment: Dismissed - Rule 14 on February 14, 2012.

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