The Closing Door: The Supreme Court and Residential Segregation

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Abstract
Although for many years the United States Supreme Court refused to consider zoning cases, in the past few years it has had to grapple with cases raising exclusionary issues. This article examines recent Supreme Court decisions relating to suburban exclusion. After an examination of the role of the courts, the article discusses the development of doctrines which have increasingly limited the use of the United States Constitution as a wedge to end residential exclusion and segregation. Following this discussion the author closes with a consideration of other available remedies, including federal statutes (such as the Fair Housing Act) and state constitutional provisions.

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