Legal Opinion · Dissent

Citizens Committee for Faraday Wood v. John v. Lindsay, Mayor of the City of New York

Court of Appeals for the Second Circuit

Decided April 28, 1975No. 17, Docket 73-2590Published

1DissentOakes, Circuit Judge

The majority opinion proposes a double constitutional standard in housing cases — “strict” equal protection if a housing project contemplates a very high percentage of, or exclusively, low income units, and simple “rationality” if it includes a goodly percentage of middle income units — apparently on the theory that middle income housing is for white people and low income housing for nonwhites. As such the opinion carries with it its own abnegation of previous precedents of this and other courts and, with all respect, unrealistically overlooks the fact that this particular project, like many…

2Cases cited28 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  3. Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
  4. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
  5. Lindsey v. NormetSupreme Court of the United States · 1972

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API