How the Next Supreme Court Justice Will Shape the Future of Affordable Housing

On Monday, the Supreme Court of the United States declined to review two cases with special bearing on the affordable housing crisis. At the same time, the Court indicated an interest in hearing these issues again in the future. Perhaps after a replacement for former Justice Antonin Scalia has been named, if and when that comes to pass.

One of these cases, California Business Industry v. San Jose, involved a challenge to an inclusionary-housing law passed by San Jose that requires developers to set aside 15 percent of new units for affordable housing. The California Business Industry Association sued to stop the law on the grounds that it amounted to the city appropriating private property from owners. (Read the Cato Institute’s brief for more on that objection.)