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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)

Citation
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Parent Document
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Effective Date
2021-11-12

Other Sections in This Document (145)

Full Text

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Finally, Appellants must demonstrate “robust causality,”
which requires a plaintiff who has identified both a
defendant’s neutral policy and a statistical disparity to
demonstrate a “robust” causal link between the two.
Inclusive Communities, 576 U.S. at 543. The function of
robust causation is to resolve whether the adverse and
disproportionate outcomes that arose after a challenged
policy was implemented can be traced to the policy rather
than to other potential causes or factors. This is not a
difficult inquiry here.