Department of Housing and Community Affairs v. Inclusive Communities Project. In Texas the Supreme Court upheld the government’s obligation to affirmatively further fair housing when policies result in disparate impacts. The U.S. Supreme Court, in a 5-4 decision written by Justice Kennedy, upheld the disparate impact doctrine under the Fair Housing Act. This precedent-setting opinion affirmed both 40 years of legal jurisprudence and the decisions of 11 U.S. appellate courts in holding that disparate impact is cognizable under the Fair Housing Act.