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Continuing a Discussion of the Supreme Court's Term: Statutes

The constitutional cases have the drama, because by definition they involve a challenge to another branch of government. But it is arguable that SCOTUS has its impact on ordinary lives more through statutory construction: a process which may have been made possible by earlier constitutional decisions, but one which can take those decisions as a given. One can always say, "oh, SCOTUS isn't actually exercising power here, because if Congress didn't like the way it reads the statute, Congress could always change it."  But the stars have to align rightly for that to happen. SCOTUS has wide latitude to read statutes one way or another before it incites such a legislative re-alignment. And so we come to some of the statutory decisions of this term. Bank of America v. Miami   This term, by 5-3 vote, the  Justices interpreted the Fair Housing Act of 1968 as authorizing lawsuits by anyone who "claims to have been injured by a discriminatory housing practice,...