USSC10-1032 Magner_Disparate_Mt.Holly ColemansComplicity

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Magner v. Gallagher

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
10-1032	8th Cir.	Not Argued	Feb 14, 2012	N/A	N/A	OT 2011

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Disclosure: Goldstein & Russell, P.C. serves as counsel to the respondents in this case.
Issue: (1) Whether disparate impact claims are cognizable under the Fair Housing Act; and, if so (2) what test should be used to analyze them.
Plain English Issue: (1) Whether a lawsuit can be brought for a violation of the Fair Housing Act based on a practice that is not discriminatory on its own, but has a discriminatory effect; and, if so, (2) how should courts determine whether a practice has a discriminatory effect and violates the Act?
Judgment: Dismissed - Rule 14 on February 14, 2012.

SCOTUSblog Coverage

• Fair housing case dismissed
• Petition of the day

Briefs and Documents

Merits Briefs for the Petitioners

• Brief for Steve Magner et al.

Amicus Briefs in Support of the Petitioners

• Brief of the International Municipal Lawyers Association et al.
• Brief of the Township of Mount Holly, New Jersey
• Brief of the Pacific Legal Foundation et al.
• Brief of the Independent Community Bankers of America et al.
• Brief of the Eagle Forum Education & Legal Defense Fund, Inc.
• Brief of the American Bankers Association et al.

Amicus Briefs in Support of Neither Party

• Brief of the United States

Merits Briefs for the Respondents

• Brief of Thomas Gallagher et al.

Amicus Briefs in Support of the Respondents

• Brief of the NAACP Legal Defense & Education Fund
• Brief of the Lawyer’s Committee on Civil Rights et al.
• Brief of the Housing Advocates, Inc., and Buckeye Community Hope Foundation
• Brief of the National Fair Housing Alliance et al.
• Brief of the Opportunity Agenda et al.
• Brief of the ACLU
• Brief of Massachusetts et al.
• Brief of Henry G. Cisneros
• Brief of AARP and Mount Holly Gardens Citizens In Action

Certiorari-stage documents

• Opinion below (8th Cir.)
• Petition for certiorari
• Brief in opposition of respondents Thomas J. Gallagher et al.
• Petitioners' reply

Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-1507	3d Cir.	Dec 4, 2013	TBD	TBD	TBD	OT 2013

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Issue: Whether disparate impact claims are cognizable under the Fair Housing Act.

SCOTUSblog Coverage

• Solicitor General files invitation briefs for June 13 Conference
• Petition of the day

Date	Proceedings and Orders
Jun 11 2012	Petition for a writ of certiorari filed. (Response due July 13, 2012)
Jul 5 2012	Waiver of right of respondent Triad Associates, Inc. to respond filed.
Jul 9 2012	Waiver of right of respondent Keating Urban Partners, L.L.C. to respond filed.
Jul 10 2012	Order extending time to file response to petition to and including September 11, 2012.
Jul 12 2012	Brief amici curiae of Pacific Legal Foundation, et al. filed.
Jul 13 2012	Brief amici curiae of National Leased Housing Association, et al. filed.
Jul 13 2012	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Jul 13 2012	Brief amici curiae of American Financial Services Association, et al. filed.
Sep 11 2012	Brief of respondents Mt. Holly Gardens Citizens in Action, Inc., et al. in opposition filed.
Sep 25 2012	Reply of petitioners Township of Mount Holly, New Jersey, et al. filed. (Distributed)
Sep 26 2012	DISTRIBUTED for Conference of October 12, 2012.
Oct 15 2012	DISTRIBUTED for Conference of October 26, 2012.
Oct 29 2012	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 17 2013	Brief amicus curiae of United States filed.
May 24 2013	Reply of petitioner to brief amicus curiae of the United States filed.
May 28 2013	DISTRIBUTED for Conference of June 13, 2013.
Jun 17 2013	Petition GRANTED limited to Question 1 presented by the petition.
Jul 3 2013	The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2013.
Jul 3 2013	The time to file respondents' briefs on the merits is extended to and including October 21, 2013.
Jul 28 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Aug 8 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Keating Urban Partners LLC.
Aug 26 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Triad Associates, Inc.
Aug 26 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Mt. Holly Gardens Citizens in Action, Inc., et al.
Aug 26 2013	Brief of respondent Triad Associates, Inc., in support of petitioners filed.
Aug 26 2013	Joint appendix filed.
Aug 26 2013	Brief of petitioners Township of Mount Holly, New Jersey, et al. filed.
Sep 3 2013	Brief amici curiae of American Financial Services Association, et al. filed.
Sep 3 2013	Brief amicus curiae of Judicial Watch, Inc. filed.
Sep 3 2013	Brief amici curiae of Consumer Data Industry Association, et al. filed.
Sep 3 2013	Brief amici curiae of American Bankers Association, et al., filed.
Sep 3 2013	Brief amicus curiae of Institute for Justice in support of neither party filed.
Sep 3 2013	Brief amici curiae of National Leased Housing Association, et al. filed.
Sep 3 2013	Brief amicus curiae of Project on Fair Representation filed.
Sep 3 2013	Brief amicus curiae of International Municipal Lawyers Association filed.
Sep 3 2013	Brief amicus curiae of APA Watch filed.
Sep 3 2013	Brief amicus curiae of American Civil Rights Union filed.
Sep 3 2013	Brief amici curiae of American Insurance Association, et al. filed.
Sep 3 2013	Brief amici curiae of Pacific Legal Foundation, et al. filed.
Sep 3 2013	Brief amici curiae of Gail Heriot, et al. filed.
Sep 17 2013	SET FOR ARGUMENT ON Wednesday December 4, 2013.
Sep 17 2013	CIRCULATED
Sep 20 2013	Record from U.S. Court of Appeals for 3rd Circuit is electronic.
Sep 20 2013	Record from U.S.District Court. for District of New Jersey is electronic

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