The Circuit

Publication Date

4-2015

First Page

12

Abstract

With the Supreme Court poised to address the fate of the disparate impact theory this term, a recent decision by the U.S. District Court in the District of Columbia has grabbed the legal community’s attention: it struck down the U.S. Department of Housing and Urban Development’s (HUD) rule recognizing the disparate impact theory under the Fair Housing Act. This decision has already raised concerns about its impact on the Supreme Court’s upcoming decision, but it should also raise concerns about the impartiality of the courts in applying Chevron deference to agency interpretations. This case note argues that the district court blatantly altered the Chevron framework in order to achieve its own partisan outcome—the dismantling of disparate impact—and therefore it undermines both Chevron and the legitimacy of the courts.

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