New York Law School

Pressure to Settle: The Mount Holly Settlement, Disparate Impact and the Fair Housing Act of 1968

 Parties rarely settle their dispute after the Supreme Court has agreed to hear their appeal and the case is scheduled for oral argument.  Yet the parties in Mount Holly v. Mount Holly Gardens Citizens in Action Inc. did.  Just weeks before their oral arguments would begin on December 4, 2013, Mount Holly Township settled its housing discrimination dispute with Mount Holly Gardens.  Both sides settled late November 13, 2013.  Why, after advocating at each level of appeal and finally receiving a highly sought after slot for oral argument in front of the Nation’s highest court, would these parties settle?

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Fair Housing, Equal Opportunity

The upcoming Supreme Court docket promises to settle two salient issues relevant to racial justice. The first, Mount Holly Gardens Citizens in Action, Inc. v. Township of Mt. Holly involves discrimination in the housing market. The second, Schuette v. Coalition to Defend Affirmative Action continues the discussion of diversity in the college admission process, in the context of a Michigan amendment that prohibits the consideration of race on collegiate applications.

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