. >> let's bring back burt newborn newborn. burt, i can guess where you stand on this in that you supported this ruling. how is this going to affect housing throughout the country? >> i don't think we should exaggerate the impact. people had assumed that the fair housing act allowed disparate impact litigation. almost all of the lower courts routinely entertained exactly this type of case. the supreme court has in the past taken the case twice, and the liberal groups were so frightened that the court was going to reverse, that they settled the cases out from under the court twice. this was the third time this issue was up. and the various liberal groups were very nervous, because the statute says nothing about creating this type of remedy it talks much more in terms of intentional discrimination and the lower courts had implied an extension of that but allowing that there was a disparate impact not a disparate at t tempt. and today justice kennedy provides the fifth vote to uphold that. and there's a really interesting case betw