Disparate impact theory continues to spark debate in Washington, both at the Supreme Court and on Capitol Hill. With the Court expected to hand down a ruling on disparate impact in the next two weeks, Congress debated the issue twice on the House floor and once in committee last week.
Capitol Hill Coverage
During debate on the HUD appropriations bill for FY2016, Representative Scott Garrett (R-NJ) offered an amendment preventing enforcement of disparate impact for both HUD and the Department of Justice. *The debate for the HUD amendment starts at 2:14:09. Watch the C-Span coverage.
In addition, Paul Gosar (R-AZ) offered an amendment during the HUD appropriations bill consideration to defund recent expansions of the Affirmatively Furthering Fair Housing program. He referenced the sovereignty of local governments and officials in the planning and zoning process, and recent intrusions into that process by HUD officials through Affirmatively Furthering Fair Housing planning requirements. *The debate begins at the 30:05 mark. Watch the C-Span Coverage.
In addition, during a hearing with HUD Secretary Julián Castro, Representative Garrett again raised the issue. *The exchange starts at 46:01. Watch the archived webcast.