In Magner v. Gallagher [docket; cert. petition, PDF], the court will determine whether disparate impact claims are cognizable under the Fair Housing Act [text], and, if so, whether they should be analyzed under a burden shifting approach, a balancing test, a hybrid approach or some other test. There is a split among the circuit courts over which standard to apply. Respondents are rental property owners who argue that the petitioners violated the Fair Housing Act by "aggressively enforcing" the local housing code. The US Court of Appeals for the Eighth Circuit reversed the district court's grant of summary judgment for petitioners, allowing the disparate impact claim [opinion, PDF].

Also Monday, the court denied certiorari in the appeal of Duane Buck, a convicted murderer in Texas. Justice Antonin Scalia ordered a stay of execution [JURIST report] in September pending a determination on whether to grant certiorari in the case. Buck was not arguing his innocence, but rather improper practices during his sentencing hearing. A clinical psychiatrist testified that Buck, a black man, was more likely to commit another crime due to his race, and thus should be given the death penalty. Justice Samuel Alito issued a statement respecting the denial of certiorari, joined by Scalia and Justice Stephen Breyer. Justice Sonia Sotomayor dissented, joined by Justice Elena Kagan, saying this death sentence was "marred by racial overtones and a record compromised by misleading remarks and omissions made by the State of Texas in the federal habeas proceedings below."

The court also issued two per curiam decisions Monday. In KPMG v. Cocchi [opinion, PDF], the court vacated and remanded a decision on arbitration. In Bobby v. Dixon [opinion, PDF], the court reversed a lower court ruling that had overturned respondent's murder conviction.