The industry lost a Supreme Court battle in 2015 protecting the use of “disparate impact” in housing discrimination cases, but legal observers see potential for the fair-lending tide to turn if Judge Brett Kavanaugh is confirmed to the high court. The 2015 ruling , related to how Texas awards housing tax credits, bolstered the legal standard under the Fair Housing Act that lenders can be punished for a discriminatory result they did not intend.

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