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"Selected Supreme Court Briefs in ICP v. Texas (December 2014)"

The Supreme Court's recent grant of certiorari in Inclusive Communities Project v. Texas Department of Housing and Community Affairs has the potential to undo 40 years of settled precedent under the Fair Housing Act. The underlying case involves ICP's successful challenge to racially segregated siting of Low Income Housing Tax Credit developments in the Dallas area. The issue the court has taken on appeal is whether the Fair Housing Act can be used to challenge policies with an unjustified discriminatory impact. The Supreme Court's apparent eagerness to weigh in on this issue is especially disappointing because a) there is no disagreement on this issue in the federal appellate courts, and b) the underlying case has been resolved, with the Texas Department of Housing and Community Affairs well into the second year of implementing a successful reform of its LIHTC allocation procedures. Nonetheless, the case is heading for oral argument on January 21. PRRAC is part of a broad civil rights coalition working to present amicus curiae arguments to the Court – some of these briefs, along with the briefs of the parties, are linked below:

Briefs of the parties

Selected Amicus Briefs Supporting ICP

(To see all the briefs filed in the case, go to )

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