In the Shelley v.Kraemer case involving the widespread practice of restrictive covenants,the Supreme Court ruled that restrictive covenants could:

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The Supreme Court ruled in Shelley v. Kraemer (1948) that restrictive covenants could not be judicially enforced. This means that courts cannot uphold the contractual provisions in such covenants that restrict the sale, leasing or occupancy of property based on race, ethnicity, religion or other such criteria. While these clauses could exist in covenants, the courts could not apply or enforce them.

In the Shelley V