Dems Blast Higher Hurdles for Civil Rights Claims

From Daphne Eviatar, in The Washington Independent

Last year, an Arizona housing developer known for building affordable homes for Hispanics filed a complaint against the City of Yuma, which denied his application to build homes for low to moderate income families in a predominately white high-income neighborhood. The developer sued for discrimination under the Fair Housing Act, charging that the decision was racially motivated. But the federal court dismissed the case before the developer could even gather evidence, ruling that the discrimination the developer alleged was not “plausible.”

In the past, merely stating the allegations would have been enough to allow the developer to at least begin gathering information to try to prove his case. But two recent Supreme Court decisions have made bringing discrimination cases far more difficult by demanding not only that the claim clearly meet the requirements of the law, but also that a judge find it “plausible” before allowing the plaintiff to begin collecting evidence. The consequence is that many people who in the past might have won their cases on the merits now won’t even get past the entrance gate.

That’s either a sea change in the way the courts handle lawsuits and particularly civil rights claims, as several witnesses and senators argued on Wednesday at a Senate Judiciary Committee hearing on the subject, or it’s merely a clarification of the longstanding procedural requirements, as some Republicans at the hearing argued.

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