|By Marketwired .||
|February 7, 2014 11:49 AM EST||
WASHINGTON, DC -- (Marketwired) -- 02/07/14 -- Judicial Watch announced today that it has joined with the Allied Educational Foundation (AEF) in filing an amicus curiae brief with the U.S. District Court for the District of Columbia in support of the insurance industry lawsuit challenging the Housing and Urban Development's (HUD) policy of enforcing disparate impact liability under the Fair Housing Act (FHA), even in instances where there is no direct evidence of discriminatory intent.
Under the theory of "disparate impact," a defendant can be held liable for discrimination for a race-neutral policy that statistically disadvantages a specific minority group even if that negative "impact" was neither foreseen nor intended. In such cases, defendants can be forced to pay for harm caused not by their own actions, but by economic and statistical realities, even if beyond their control.
Specifically, Judicial Watch argues that the HUD disparate impact regulation violates both the Administrative Procedures Act (APA) (restricting federal agencies from exceeding the powers given to them by statute) and the Fourteenth Amendment Equal Protection Clause. According to the amicus brief:
I. HUD's Rule Violates the Administrative Procedures Act
Section 804(a) of the FHA does nothing more than make it unlawful to "refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin." The phrase "because of race" conveys the fact that race must be the reason (or at least a reason) for the refusal. Accordingly, under the statute's plain text, there must be an intent to discriminate against a member of one of the named classes in order for the action to be unlawful. HUD's interpretation is inconsistent with the plain meaning of the statute, and so the regulation must be stricken.
II. Any Interpretation of the FHA That Would Allow HUD's Rule Would Violate the Equal Protection Clause
Any interpretation of the FHA Section 804(a) which allows HUD's regulation would render the FHA unconstitutional... HUD's interpretation of the FHA would be unlikely to survive strict scrutiny, as the Supreme Court does not view "racial balancing" as a compelling state interest. In fact, the Supreme Court has found quite the opposite: "At the heart of the Constitution's guarantee of equal protection lies the simple command that the Government must treat citizens as individuals, not as simply components of a racial, religious, sexual or national class."
Warning that HUD's "unlawful action poses a serious threat to the rule of law," the Judicial Watch/AEF brief argues:
HUD's broad, race-based housing regulation is especially harmful because it attempts to further enshrine the intellectually impoverished concept of race into law, and seeks to use the law to perpetuate a culture of racial politics in the housing market, and more broadly, in American public life. Such actions will serve to increase racial polarization and resentment in this country, perpetuating our domestic focus on 'racial' issues, and inevitably prolonging the misconception that a person's 'race' is a useful distinction for judging who a person is and what they are entitled to.
Judicial Watch previously has gone to court three times in its efforts to expose and oppose the Obama administration's illicit racial policies. On November 2, 2012, it filed a Freedom of Information Act (FOIA) lawsuit against HUD seeking documents relating to possible collusion between the Obama administration and the city of St. Paul, MN, in withdrawing a disparate impact appeal pending before the U.S. Supreme Court. On September 3, 2013, it filed an amicus brief with the Supreme Court on behalf of the township of Mt. Holly, New Jersey, arguing that the FHA prohibits only disparate treatment, not alleged discriminatory intent. And on September 24, it filed a Freedom of Information (FOIA) lawsuit against HUD for all records of communications regarding two disparate impact housing discrimination lawsuits, Magner v. Gallagher and the Township of Mt. Holly v. Mt. Holly Gardens Citizens Association. Mount Holly like Magner, was withdrawn from the Supreme Court docket before arguments could be heard.
"The Obama administration wants, in the words of this brief, 'to perpetuate a culture of racial politics in the housing market, and more broadly, in American public life,'" said Judicial Watch President Tom Fitton. "The Obama administration's race card is dangerous and detrimental to the basic concept of equal justice under law."
"LinearHub provides smart video conferencing, which is the Roundee service, and we archive all the video conferences and we also provide the transcript," stated Sunghyuk Kim, CEO of LinearHub, in this SYS-CON.tv interview at @ThingsExpo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Jan. 22, 2017 03:15 PM EST Reads: 1,682
When you focus on a journey from up-close, you look at your own technical and cultural history and how you changed it for the benefit of the customer. This was our starting point: too many integration issues, 13 SWP days and very long cycles. It was evident that in this fast-paced industry we could no longer afford this reality. We needed something that would take us beyond reducing the development lifecycles, CI and Agile methodologies. We made a fundamental difference, even changed our culture...
Jan. 22, 2017 03:00 PM EST Reads: 1,184
Internet of @ThingsExpo, taking place June 6-8, 2017 at the Javits Center in New York City, New York, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. @ThingsExpo New York Call for Papers is now open.
Jan. 22, 2017 02:30 PM EST Reads: 3,751
SYS-CON Events announced today that Dataloop.IO, an innovator in cloud IT-monitoring whose products help organizations save time and money, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Dataloop.IO is an emerging software company on the cutting edge of major IT-infrastructure trends including cloud computing and microservices. The company, founded in the UK but now based in San Fran...
Jan. 22, 2017 02:30 PM EST Reads: 2,634
"There's a growing demand from users for things to be faster. When you think about all the transactions or interactions users will have with your product and everything that is between those transactions and interactions - what drives us at Catchpoint Systems is the idea to measure that and to analyze it," explained Leo Vasiliou, Director of Web Performance Engineering at Catchpoint Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York Ci...
Jan. 22, 2017 02:00 PM EST Reads: 5,805
The 20th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held June 6-8, 2017, at the Javits Center in New York City, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Containers, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit your speaking proposal ...
Jan. 22, 2017 02:00 PM EST Reads: 5,283
WebRTC is the future of browser-to-browser communications, and continues to make inroads into the traditional, difficult, plug-in web communications world. The 6th WebRTC Summit continues our tradition of delivering the latest and greatest presentations within the world of WebRTC. Topics include voice calling, video chat, P2P file sharing, and use cases that have already leveraged the power and convenience of WebRTC.
Jan. 22, 2017 01:45 PM EST Reads: 3,221
In a recent research, analyst firm IDC found that the average cost of a critical application failure is $500,000 to $1 million per hour and the average total cost of unplanned application downtime is $1.25 billion to $2.5 billion per year for Fortune 1000 companies. In addition to the findings on the cost of the downtime, the research also highlighted best practices for development, testing, application support, infrastructure, and operations teams.
Jan. 22, 2017 01:00 PM EST Reads: 3,836
20th Cloud Expo, taking place June 6-8, 2017, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy.
Jan. 22, 2017 01:00 PM EST Reads: 4,385
Discover top technologies and tools all under one roof at April 24–28, 2017, at the Westin San Diego in San Diego, CA. Explore the Mobile Dev + Test and IoT Dev + Test Expo and enjoy all of these unique opportunities: The latest solutions, technologies, and tools in mobile or IoT software development and testing. Meet one-on-one with representatives from some of today's most innovative organizations
Jan. 22, 2017 12:45 PM EST Reads: 1,681
@DevOpsSummit taking place June 6-8, 2017 at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. @DevOpsSummit at Cloud Expo New York Call for Papers is now open.
Jan. 22, 2017 12:00 PM EST Reads: 3,632
Providing the needed data for application development and testing is a huge headache for most organizations. The problems are often the same across companies - speed, quality, cost, and control. Provisioning data can take days or weeks, every time a refresh is required. Using dummy data leads to quality problems. Creating physical copies of large data sets and sending them to distributed teams of developers eats up expensive storage and bandwidth resources. And, all of these copies proliferating...
Jan. 22, 2017 12:00 PM EST Reads: 4,162
SYS-CON Events announced today that Catchpoint Systems, Inc., a provider of innovative web and infrastructure monitoring solutions, has been named “Silver Sponsor” of SYS-CON's DevOps Summit at 18th Cloud Expo New York, which will take place June 7-9, 2016, at the Javits Center in New York City, NY. Catchpoint is a leading Digital Performance Analytics company that provides unparalleled insight into customer-critical services to help consistently deliver an amazing customer experience. Designed ...
Jan. 22, 2017 11:45 AM EST Reads: 6,456
DevOps is being widely accepted (if not fully adopted) as essential in enterprise IT. But as Enterprise DevOps gains maturity, expands scope, and increases velocity, the need for data-driven decisions across teams becomes more acute. DevOps teams in any modern business must wrangle the ‘digital exhaust’ from the delivery toolchain, "pervasive" and "cognitive" computing, APIs and services, mobile devices and applications, the Internet of Things, and now even blockchain. In this power panel at @...
Jan. 22, 2017 11:45 AM EST Reads: 2,968
Data is the fuel that drives the machine learning algorithmic engines and ultimately provides the business value. In his session at Cloud Expo, Ed Featherston, a director and senior enterprise architect at Collaborative Consulting, discussed the key considerations around quality, volume, timeliness, and pedigree that must be dealt with in order to properly fuel that engine.
Jan. 22, 2017 11:30 AM EST Reads: 3,725