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from Section B: The False Dawn
Published online by Cambridge University Press: 13 January 2022
The chapter is an extended case study of the Minnesota Mortgage Moratorium case, examining its political and doctrinal background, and describing the Court’s internal deliberations. It argues that Hughes’s opinion for the Court was not as dramatic a break with precedent as it was characterized, and examines the way in which observers believed that the decision foreshadowed what the Court would do with New Deal legislation.
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