Mount Holly Gardens: ‘Til we moot again

It looks as if someone really doesn’t want the Obama administration’s treasured but shaky “housing disparate impact” theory to come under review by the Supreme Court [Josh Blackman on reports of settlement mooting Mount Holly, N.J. case granted certiorari and pending before the Court; earlier on controversial tactics used to moot St. Paul case through settlement]

More: Piscataway v. Taxman also dropped off the Court’s docket via a mootness tactic. And shorter Doug Kendall/Constitutional Accountability Center: how dare PLF, Cato and IJ take the Court’s word on what the issue is in Mt. Holly? [Ilya Shapiro]


  • Perhaps some one let slip to the Justice Department that some people were intending to challenge convictions of some high-living Wall Street types as racist due to disparate impact.


  • […] Housing disparate impact: “St. Paul landlords’ suit may move forward, after New Jersey case settled” [St. Paul Pioneer-Press, earlier] […]