There is another disparate impact case wending its way to the Supreme Court; hopefully, this one actually will be argued, and the Court will come to a right decision. The case is Township of Mount Holly v Mount Holly Gardens Citizens, and it concerns Mount Holly, NJ’s, plan to
redevelop a housing project afflicted with crime, overcrowding and property code violations.
Naturally, some of the affected renters sued, and importantly here, they’re claiming no intent to discriminate on the part of the township or the redevelopers. They’re just saying that, because most of the folks impacted are minority, there must be racism in there somewhere.
No racism actually is present, so we’ll make some up. Because the redevelopment will inconvenience us.
But that’s the purpose of disparate impact, generally.