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Some Thoughts on the Nomination of Judge Amy Coney Barrett
Peggy Little
So, we have a nominee for the Supreme Court, Amy Coney Barrett, and, as with all such nominations, the prognosticators, pundits, and public want to know how this candidate will approach the issues they believe the Supreme Court is most likely to hear in coming years. Misinformation abounds. The cognoscenti know that abortion will…
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Arizona Supreme Court Adopts NCLA-drafted Amendment to Court Rules
Adi Dynar
The Arizona Supreme Court took a welcome step last month by making it easier to obtain state-court stays of state-agency decisions. It adopted verbatim the NCLA-drafted amendment to court rules. The new rule is scheduled to go into effect on January 1, 2021. Why is the rules amendment an important reform? Here’s why. A…
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Is Thunder Basin Inescapable?
In the News
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…
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The Cost of CDC’s Eviction Moratorium
Jared McClaincategory_listCovid-19 Articles
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…
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Supreme Court of Virginia Orders Landlords to Provide Rent-Free Housing As a Consequence of COVID-19
Caleb Kruckenbergcategory_listCovid-19 Articles
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…
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Out of the Separation-of-Powers Frying Pan and Into the Nondelegation Fire: How the Court’s Decision in Seila Law Makes CFPB’s Unlawful Structure Even Worse
The U.S. Supreme Court’s June 29, 2020 decision in Seila Law LLC v. Consumer Financial Protection Bureau fixed a glaring constitutional defect in the way Congress structured the Consumer Financial Protection Bureau (CFPB or Bureau). “[D]eviat[ing] from the structure of nearly every other independent administrative agency in our history,” the 111th Congress made the CFPB’s director a…
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