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)
Jurisdiction: United States (federal)
Effective Date: 2021-11-12
Original Source: https://www.courtlistener.com/opinion/5296996/southwest-fair-housing-council-v-mdwid/ ↗

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Finally, as the district court noted, some debate has
developed about the contours of the robust causality
requirement. See Inclusive Communities Project, Inc. v.
Lincoln Prop. Co., 920 F.3d 890, 903–05 (5th Cir. 2019)
(describing four different views among the Fourth, Eighth,
and Eleventh Circuits). We need not enter that debate. This
is a simple case where the policy explicitly bifurcated a
population based on a non-protected characteristic: public
housing. That bifurcation generated a disproportionate
effect that would not have existed in its absence and ensured
the adverse effects of the policy applied only to the
population subset that was overrepresented (in comparison
to the overall District customer population) by certain
members of a protected group. The clarity of that causal
relationship sets it apart from other cases.

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