LEDFORD & ASSOCIATES

MICHIGAN LAW IN THE NEWS

Tags: US Supreme Court

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SCOTUS has struck down the CDC eviction moratorium

SCOTUS has struck down the CDC eviction moratorium in an opinion published today (8-26-2021). 

"The Alabama Association of Realtors (along with other plaintiffs) obtained a judgment from the U. S. District Court for the District of Columbia vacating the moratorium on the ground that it is unlawful. But the District Court stayed its judgment while the Government pursued an appeal. We vacate that stay, rendering the judgment enforceable. The District Court produced a comprehensive opinion concluding that the statute on which the CDC relies does not grant it the authority it claims. The case has been thoroughly briefed before us— twice. And careful review of that record makes clear that the applicants are virtually certain to succeed on the merits of their argument that the CDC has exceeded its authority. It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened. Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts."

See the decision here

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High Court Denies Sentence Reduction to Light Crack Offenses

Crack cocaine offenders are only eligible for reduced sentences under the First Step Act if they were convicted of a drug possession charge that came with a mandatory minimum sentence, the Supreme Court ruled

Read more at Courthouse News

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Congress has never given the FTC power to seize all of an individual’s assets simply by using the word ‘injunction.’

Congress has never given the FTC power to seize all of an individual’s assets simply by using the word ‘injunction.’

Read more at Courthouse News

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Sooner Or Later, The Supreme Court Will Be Forced To Decide The Tax Future Of 2 Million Workers

With as many as seven in 10 Americans saying they will work from home at least part of the time going forward - which state gets to tax that income is a thorny question

Read more at Forbes

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New Supreme Court Case Could Drastically Limit Homeowners Fourth Amendment Rights

Case coming before the U.S. Supreme Court touching on unreasonable searches and seizures. I *hope* they act to protect privacy and liberty against an ever expanding power of government to intrude. If they do not act to protect individual liberties...

"Thanks to overcriminalization, prosecutors could potentially file far more criminal charges over “a staggering array of everyday conduct,” including “doodling on a dollar bill, selling snacks without a license, spitting in public, eavesdropping, littering (including on your own property), jaywalking, and possession of a felt tip marker by a person under twenty-one.” As a result, “millions of Americans unwittingly commit a misdemeanor every day.”

“Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government,” Justice Robert H. Jackson warned more than seven decades ago. “Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart...the human personality deteriorates and dignity and self-reliance disappear where homes, persons and possessions are subject at any hour to unheralded search and seizure by the police.”

Read more at Forbes

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