Bonus: Racial Discrimination in Housing at the Supreme Court | America's Unwritten Constitution

Can you violate a civil rights law without meaning to discriminate? Yale TA, Bradley, explains the disparate impact standard and a case that could reshape fair housing law. This bonus lesson breaks down Texas Department of Housing v. Inclusive Communities Project. Bradley explains the 1968 Fair Housing Act, why intentional discrimination is so hard to prove, and how the disparate impact standard responds. He places the case against the Roberts Court's recent skepticism of race-conscious remedies, and argues Amar would find disparate impact laws well within Congress's Section 5 enforcement power, reading it in the generous spirit of McCulloch v. Maryland. Chapters: 00:00 The Fair Housing Act case 02:20 The disparate impact standard 03:49 The statutory question Texas raises 04:36 The Roberts Court's record on race 08:50 Scalia at oral argument 10:01 Amar, Section 5, and McCulloch 📚 Learning objectives: After watching, you'll be able to: - Explain the Fair Housing Act and the disparate impact standard - Distinguish statutory interpretation from a constitutional challenge - Trace the Roberts Court's approach to race-conscious remedies - Connect Section 5 of the Fourteenth Amendment to McCulloch v. Maryland 📺 Watch the full playlist on YouTube: https://www.youtube.com/playlist?list=PLABHWcbOLwlY 🎓 Enroll on Coursera for assessments and a certificate: https://www.coursera.org/learn/unwritten-constitution 🌐 Explore more learning opportunities on Yale Online: https://online.yale.edu/courses/americas-unwritten-constitution