FHFA Threatens Localities on Eminent Domain Solution for Foreclosures

By: Wednesday August 8, 2012 9:35 am

Ed DeMarco is really feeling his oats, no doubt thanks to projections of profits at Fannie and Freddie paradoxically spurred by a housing shortage. (Those profits are at least partially derived from Fannie and Freddie evading local government transfer taxes, by the way, not DeMarco’s “responsible stewardship.”) He rejected principal reductions as a means to [...]

Congress Reacts to Supreme Court Upholding Affordable Care Act

By: Thursday June 28, 2012 8:47 am

Why don’t I just throw up some reactions from political leaders and stakeholders here. First of all, on the Republican side. They are ready to vote in Congress to repeal the entire law as soon as the week of July 9: House Republicans will respond to the Supreme Court’s ruling upholding President Barack Obama’s health [...]

Quick Reactions on Upholding of the Affordable Care Act

By: Thursday June 28, 2012 7:53 am

You can now read the opinion in National Federation of Independent Business v. Sebelius, the health care ruling, here. This is a complicated ruling, with long-term implications that go well beyond health care. The short version is that the ACA is “upheld,” but that really doesn’t tell the whole story. On the question of the [...]

Expect Civil Rights Challenges to Arizona “Papers Please” Provision

By: Wednesday June 27, 2012 11:26 am

Just because the Supreme Court didn’t strike down the “papers please” provision in Arizona’s SB1070 before implementation doesn’t mean that the provision is in the clear. The Supreme Court gave stringent guidelines for how to proceed in seeking proof of citizenship from arrested suspects, and said they would hold open future challenges to the law. [...]

CFPB Sued Over Recess Appointment Issue

By: Friday June 22, 2012 1:43 pm

I’ve been expecting a lawsuit somewhere down the road related to the President’s recess appointments from late last year. At some point, either the Consumer Financial Protection Bureau or the National Labor Relations Board were bound to issue a ruling that the subjects affected didn’t like, and they would resort to claiming that the recess [...]

Pelosi: Use 14th Amendment to Stop Debt Limit Showdown

By: Wednesday June 20, 2012 12:46 pm

House Minority Leader Nancy Pelosi, in a meeting with journalists today, announced her support for using the 14th Amendment solution to surmount the debt limit. During last year’s debt limit debate, many commentators observed that the 14th amendment comes in conflict with the notion of a debt limit, as it says, “The validity of the [...]

Elections in France, Egypt Move in Different Directions

By: Monday June 18, 2012 7:02 am

As the situation in Greece is just too depressing to contemplate, let’s divert our attention for a moment to the other two big global elections yesterday. In France, Francois Hollande’s Socialists took an absolute majority in Parliament, meaning Hollande will have a fairly easy time implementing his agenda. The question that will now be answered [...]

First Circuit Court of Appeals Finds DOMA Unconstitutional

By: Thursday May 31, 2012 8:18 am

A three-judge panel of the 1st Circuit Court of Appeals in Boston has affirmed a ruling declaring the Defense of Marriage Act unconstitutional, bringing the case one step closer to an ultimate resolution at the Supreme Court. In an opinion written by Judge Mike Boudin, a George H.W. Bush appointee and former deputy assistant Attorney [...]

Levin: Let’s Not Let the Constitution Get in the Way of Indefinite Detention

By: Thursday May 24, 2012 6:14 am

Not every politician is great on every issue, granted. But with Carl Levin of late, there’s been quite a swing. On the one hand, his Permanent Subcommittee for Investigations delivered Goldman Sachs on a silver platter to the Justice Department (it’s currently sitting in a conference room, untouched). He has jumped on JPMorgan Chase’s massive [...]

Blue Slip Issue Leads to Democratic Conundrum on Violence Against Women Act

By: Monday May 21, 2012 12:52 pm

House Republicans believe that a technical error in the Senate’s handling of the reauthorization of the Violence Against Women Act allows them to reject that bill, giving them a tactical advantage as the long-running skirmish nears an endgame. Brian Beutler reports that the House GOP determined that the Senate version of the bill had a [...]

Holder Responds to Homework Assignment on Judicial Review by Federal Judge

By: Thursday April 5, 2012 11:10 am

Attorney General Eric Holder has responded to a conservative judge’s demand for a three-page paper on the Administration’s commitment to judicial review. The response can be seen here. The first notable thing is that Eric Holder himself signed the letter. The judge, Jerry Smith, asked DoJ lawyer Dana Lydia Kaersvang, who was arguing in front [...]

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