Authors:

  • Noah Feldman

Excerpt

Noah Feldman / Can the Supreme Court rescue drowning homeowners? Noah Feldman, March 27, 2015, Opinion. "Critics of the Supreme Court's conservative wing like to say it's instinctively pro-business. The justices on Tuesday tested that proposition in a fascinating case about whether bankruptcy law instructs judges to void liens on underwater properties. On one side lie the interests of Bank of America, which is the petitioner and doesn't want the loans to be "stripped off" - that is, voided. On the other side is the plain statutory text, which says they should be. The poetic twist is that, in a very similar 1992 case, the Supreme Court ignored the plain text and held in favor of the banks - over the forceful dissent of one Justice Antonin Scalia..." Link