By a 5-4 majority, the Supreme Court upheld a disparate impact claim under the Fair Housing Act of 1968 in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc.
Disparate impact — being discrimination not by purpose or intent, bur rather impact (e.g. the numbers or counting the folks discriminated against) is a progressive concept.
The Fair Housing Act was the last piece of civil rights legislation with any punch passed in the sixties. This ruling was unnecessary so one could argue the 4 against tried very hard to get the last vote, and failed.