| ▲ | skissane 2 hours ago | |
> SCOTUS has found non-protected categories can still be protected because they are "proxies" for protected categories. One of the classic examples of this are zip codes[0], which was found to be a proxy for race, because it has a "disparate impact" on people of particular races. I realise it may be somewhat beside your point, but that was a Kennedy+liberals vs conservatives ruling in 2015 - so the current SCOTUS would likely have ruled the other way, and decent odds they overrule it sooner or later. Scalia’s dissent was objecting to the entire idea of disparate impact analysis under the Fair Housing Act, so more likely that gets overruled than this specific application of that idea. This was a statutory interpretation case though, so if SCOTUS overturns the decision, Congress could reverse that with ordinary legislation, no constitutional amendment required. But who knows whether that will turn out to be politically feasible. https://en.wikipedia.org/wiki/Texas_Department_of_Housing_an... (Also, you need to change the last period in the URL to %2E to stop HN from mangling it.) | ||