The Supreme Court has delivered a ruling on the Biden administration’s illegal eviction moratorium. Some weeks ago, the president via the CDC extended the moratorium, despite the Supreme Court’s warning that doing so would be illegal. Astonishingly, Biden admitting on camera that his goal was to abuse the system, figuring that it would take months for the courts to take action to reverse him.
In the end, it took less than 25 days. In a 6-3 ruling, the CDC’s order was blocked. Even Chief Justice John Roberts joined the majority this time, with Justice Brett Kavanaugh keeping his word that he could flip sides if this issue came up again.
BREAKING: Supreme Court blocks Biden’s moratorium on tenant evictions by 6-3 vote.
— Steven Mazie (@stevenmazie) August 27, 2021
Upshot of ruling: it isn't even close. CDC has no authority to issue this rule. pic.twitter.com/6QC70kMK8z
— Steven Mazie (@stevenmazie) August 27, 2021
As the decision explains, the CDC’s order was far too broad. While the statute in question may give the bureaucracy the power to directly combat the virus with various measures such as inspections, it does not possess the authority to steal people’s property based on hypotheticals. Someone being evicted does not directly translate to spreading the virus. Regardless, even if the statute did give that authority, the statute itself would likely then be illegal.
Meanwhile, the liberals on the court did what they always do, which is dissent based on things that have nothing to do with the law.
Central note in Breyer's dissent: the moratorium, compared to other measures the CDC might take (like quarantines), is rather mild pic.twitter.com/M7deXudYbI
— Steven Mazie (@stevenmazie) August 27, 2021
Arguing that taking illegal action is fine because it might be less forceful than other (probably illegal) actions is nonsensical on its face. The question was always whether the eviction moratorium itself passed muster. It clearly does not. Yet, the liberals continue to act as if the Supreme Court is a place for social experimentation and not interpreting the law.
Regardless, this isn’t all happy news. For another 20+ days, landlords were further put in the hole, with an untold number of them slipping into bankruptcy who may have survived otherwise. It is the middle-class property owners that suffered the most here, not the major corporations that are on buying sprees, because the government stole people’s property by proxy.
Had Justice Brett Kavanaugh done the proper thing the first time around and joined his conservative colleagues in vacating the stay against the original moratorium, a strong precedent could have been set that avoided all this turmoil. Instead, Kavanaugh, while admitting the CDC’s order was likely unlawful, decided to play nice and joined the liberals in a show of good faith, upholding the stay. He was rewarded by having the Biden administration spit in his face. There’s a lesson to be learned there, and I hope Kavanaugh learned it.
Regardless, some semblance of justice has been delivered, I suppose. Unfortunately, Biden may have also set the precedent that a president can openly defy the Supreme Court with no real consequences at all. I believe sanctions can be levied here, if the court chooses. They should do so.
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