UNCgolf
Well-Known Member
Home Building & Loan Assn. v. Blaisdell was decided in 1934. Very briefly, the State of Minnesota passed a law to extend the terms of mortgages to reduce the number of foreclosures. The Supreme Court ruled for Minnesota.
I dunno. Blaisdell seems to lean heavily on there being a national emergency. In this case, the Great Depression.
I struggle to see how this applies to RCID. Am I missing something?
I appreciate the response! Thanks!
Yeah, Blaisdell laid out a five factor test but one of them revolved around the existence of an economic emergency and the court obviously moved beyond that in later jurisprudence, although I believe (I could be wrong) Blaisdell is still the original case allowing exceptions to the plain text reading of the Contracts Clause.
Maybe look at Sveen v. Melin, which is the case I referenced where Gorsuch penned a dissent. I don't have time to dig into it, but it will likely include citations to earlier cases that establish the precedent for substantial impairment.
Of course, the other issue is that it's potentially moot -- it should be a Florida state case, and it sounds like Florida judges have generally been stricter regarding the Florida constitution's Contracts Clause than federal judges have been regarding the one in the US Constitution.
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