Sullivan v. Little Hunting Park, Inc.

*241Mr. Justice Harlan, with whom The Chief Justice and Mr. Justice White join,

dissenting.

In Jones v. Mayer Co., 392 U. S. 409 (1968), the Court decided that a little-used section of a 100-year-old statute prohibited private racial discrimination in the sale of real property. This construction of a very old statute, in no way required by its language,1 and open to serious question in light of the statute’s legislative history,2 seemed to me unnecessary and unwise because of the recently passed, but then not yet fully effective, Fair Housing Title of the Civil Rights Act of 1968 (hereafter Fair…