Supreme Court Divided In Hawkins On Whether 'Guarantor' Is An 'Applicant' Under ECOA

In the first of what may be many 4-4 split decisions following the death of Justice Antonin Scalia, the U.S. Supreme Court issued its opinion in Hawkins v. Community Bank of Raymore, No. 14-520, leaving in place the Eighth Circuit's ruling that the Equal Credit Opportunity Act's ("ECOA") prohibition against marital status discrimination applies to loan applicants, but does not extend to loan guarantors.

Hawkins raised the question of whether ECOA's proscription against discrimination based upon marital status...