The industry may be hoping the Supreme Court kills the unpopular “disparate impact” theory via a pivotal Texas case argued Jan. 21, but some of the justices’ statements left analysts skeptical that the legal basis used in fair lending cases will end.

Observers said they were thrown off in their predictions of which way the court would go, particularly after hearing Justice Antonin Scalia — one of the panel’s more conservative justices — suggest that it is hard to ignore other courts’ validations of disparate impact.

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