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U.S. Supreme Court,
Government

Dec. 18, 2015

High court not likely to hear challenge to San Jose affordable housing law

At its conference Friday, the justices will consider whether to hear a case challenging the ordinance, which requires builders to include a certain amount of low-income housing in their developments.

Corbin K. Barthold

Washington Legal Foundation

UC Berkeley Boalt Hall

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Local governments enact a law shifting the cost of a problem onto a small group of citizens. A suspect minority at the polls, the group seeks judicial protection. The lower courts reject the group's plea. The group nurses the hope that the U.S. Supreme Court will grant review. Of this, however, there is little prospect.

The story sounds odd until the words "economic rights" are introduced, at which point all sense of riddle disperses. The story describes countless cases, but here ref...

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