Brett Kavanaugh’s absurd concurrence in Alabama Assoc of Realtors v DHHS was a disaster not just because it allowed the DHHS to continue with an unconstitutional rent moratorium that had no basis in fact or the law; it gave a green light to Biden and DHHS to issue another, even more onerous moratorium which includes criminal penalties for landowners wanting to control their own property.
Alabama Assoc of Realtors again filed suit, but the trial court’s hands were tied. Now, the Court of Appeals issued the same result, because they had to — bound by precedent. They had no choice because of Kavanaugh’s gutless desire to empty his feelings where they don’t belong.
It’s a mess, all because Brett Kavanaugh apparently allows his feelings to get in the way of his job.
Kavanaugh has marked his territory.