Author: NCLA Legal Intern Bradley Larson It is a mainstay of the American legal system that people can bring their grievances in front of an impartial judge and obtain “equal justice under law.” However, 26 years ago, in an obscure case called Thunder Basin Coal Co. v. Reich, the Supreme Court made protecting the rights…

  The Centers for Disease Control issued an order last week imposing a moratorium on most evictions in states that have not already enacted more-restrictive eviction bans. The order effectively creates a nationwide eviction moratorium through the end of the year. Preventing mass homelessness during a pandemic is obviously important. But the CDC’s order is…

  It’s become trendy to vilify landlords in the time of COVID-19, with calls for rent strikes and vocal critics accusing landlords of preying on those worst affected by the economic downturn. Of course, residential landlords often are making payments of their own on property, and, far from the stereotype, nearly half of residential landlords…

Yesterday, the Southern District of New York validated a (defective, IMHO) civil investigative demand (CID)—an administrative subpoena for documents and information—from NCLA’s client, the Law Offices of Crystal Moroney, P.C. It did so over a number of objections, the primary one being that the Consumer Financial Protection Bureau (CFPB) is unconstitutionally funded. It doesn’t receive…

On Friday the 13th of March, President Trump issued his “Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak.” In the ensuing 4 ½ months Governors across the country have used executive orders to lockdown their States, using this unprecedented situation to rewrite not only their own state statutes and constitutions…

Author: NCLA Legal Intern Andrew Klee Chief Justice John Roberts is praised by some—and criticized by others—for his efforts to maintain the institutional legitimacy of the Supreme Court by keeping an eye toward the broader political context in which cases are decided. Last month, the Court addressed the Trump administration’s effort to end the Deferred…