I think, based on your response to my post in that earlier thread, that you may have misunderstood me. I think the Obamacare and Marriage Equality decisions were correct. All I was saying is that they don't reflect that the Court is drifting leftward, as some conservatives seem to be worrying.
The FHA case I think was also correct. To take away disparate-impact claims entirely would be to permit roundabout racism. But they are absolutely subject to abuse, so I agree with the Court that there needs to be a higher pleading standard for those sorts of claims; there should be a demonstrable causal connection between the challenged policy or practice and the racial imbalance. And of course it's important for defendants to be able to defend their challenged practices as reasonable rather than arbitrary, which the Court's decision allows them to do. So I am in agreement with the Court there too.
