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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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CFPB’s Joyride Is Over—It’s Time for President Trump to Take the Wheel
Michael P. DeGrandis
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…
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Where Do I Go to Get My Constitutional Rights Back?
Harriet Hagemancategory_listCovid-19 Articles
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…
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