Page:Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc.pdf/35

Rh , J., dissenting EEOC's strategy paid off. The Court embraced EEOC's theory of disparate impact, concluding that the agency's position was "entitled to great deference." See Griggs, 401 U. S., at 433–434. With only a brief nod to the text of §2000e–2(a)(2) in a footnote, id., at 426, n. 1, the Court tied this novel theory of discrimination to "the statute's perceived purpose" and EEOC's view of the best way of effectuating it, Smith, 544 U. S., at 262 (opinion of O’Connor, J.); see id., at 235 (plurality opinion). But statutory provisions—not purposes—go through the process of bicameralism and presentment mandated by our Constitution. We should not replace the former with the latter, see Wyeth v. Levine, 555 U. S. 555, 586 (2009) (, concurring in judgment), nor should we transfer our responsibility for interpreting those provisions to administrative agencies, let alone ones lacking substantive rulemaking authority, see Perez v. Mortgage Bankers Assn., 575 U. S. ___, ___–___ (2015 (, concurring in judgment) (slip op., at 8–13).