Resolution criteria:
This market will resolve to "Yes" if, by December 31, 2026, the U.S. Supreme Court issues a ruling that explicitly limits or overturns the application of the "disparate impact" doctrine in any area of law. The ruling must be final and not subject to further appeal. If no such ruling is issued by the specified date, the market will resolve to "No."
Background:
The "disparate impact" doctrine addresses policies that, while neutral on their face, disproportionately affect individuals belonging to protected classes, such as race, color, national origin, religion, sex, familial status, or disability. This legal theory has been recognized in various contexts, including employment and housing discrimination.
In 2015, the Supreme Court upheld the validity of disparate impact claims under the Fair Housing Act in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. The Court emphasized that such claims are consistent with the Act's purpose of eradicating discriminatory practices in housing. (nlihc.org)
However, recent developments suggest potential shifts in the Court's approach to civil rights doctrines. For instance, in 2023, the Court ruled against race-based affirmative action in college admissions, indicating a willingness to reconsider established civil rights precedents. (time.com)
Additionally, in 2025, the Court showed interest in cases that could lower the bar for majority group members to sue for discrimination, potentially affecting the application of disparate impact analysis. (axios.com)
Given these trends, there is speculation about whether the Supreme Court may revisit and potentially rule against the disparate impact doctrine by the end of 2026.