Posted on 08/01/2021 7:01:43 PM PDT by SeekAndFind
Yesterday, the so-called eviction moratorium for renters put in place by the CDC expired, leading to much wailing and gnashing of teeth. Now, you may be asking yourself how the CDC, an ostensibly scientific institution, had the power to literally steal the property of Americans without any restitution.
The answer is that they didn’t have that power. Yet, when the issue came up before the Supreme Court, Justice Brett Kavanaugh, who every Republican and conservative went to bat for when he was unfairly accused of being a gang rapist, decided to keep his seat at the cocktail parties instead of doing his job
In a tortured decision in June, Kavanaugh admitted that the CDC had overstepped its authority, but he ruled with the liberals anyway, allowing the previous eviction moratorium to run its course. His reasoning was purely administrative instead of based on the law, i.e. to allow rental assistance payments to finish being doled out.
With that moratorium ending yesterday, we are back to square one, with Democrats pushing the CDC to re-up its clearly illegal order.
The eviction moratorium has expired.
Millions could soon find notices on their doors to vacate their homes.
Let’s be clear: this was a public policy failure. The CDC must reinstate the moratorium to give time for aid to get to renters and landlords.
— Julián Castro (@JulianCastro) August 1, 2021
JUST IN: In a new letter to Pres. Biden and CDC Dir. Rochelle Walensky, progressive members of Congress are calling for the CDC to "leverage every authority available to extend the eviction moratorium" set to expire at midnight. https://t.co/gqCQUJWF8W
— ABC News (@ABC) July 31, 2021
In fact, the FHA has already extended its moratorium on foreclosures, which ensures the housing market will continue to be an inflated mess due to the lack of inventory. That means people who do things right get to pay exorbitant prices, while those who refuse to pay their bills get a free ride. Sound fair, right?
It’s just a matter of time before the CDC follows suit and extends their eviction moratorium as well, meaning that all the litigation to stop it will have to happen again in order to protect the rights of property owners. The government, whether it’s the CDC or Congress, does not have the constitutional authority to steal the homes of citizens under the guise of an emergency. That’s been clear from the beginning.
Yet, when Kavanaugh had the chance to join his conservative colleagues to strike this nonsense down and put in place a precedent to protect people from government tyranny, he didn’t have the spine to do it. Instead, he took the easy way out by letting the moratorium continue and expire, green-lighting the same gambit to be tried again. Yes, Kavanaugh indicated he’d rule against the CDC the next time this issue came up, but that could take months if another moratorium is put in place. By that point, the damage will have already been done, and you can bet the government won’t be writing checks to make those landlords whole.
This is insanity, and it’s a failure of the conservative judicial project. “But the Supreme Court” is going to be much less of an effective rallying cry — if Kavanaugh, and possibly others, continues to lack the fortitude to make the tough decisions they were put on the court to make. When the huge Second Amendment case comes up during this next term, I suppose we’ll find out once and for all if he’s gone full John Roberts.
The moratorium was expiring, not much to do about it on the last day or so. Waste of time. Let’s see how they respond when it comes to them with a meaningful case to resolve.
Every landlord who can show that their tenants missed a single rent payment, should file a federal lawsuit for compensation for the CDC’s taking of their property.
This could be a hint: HUD has been buying up and building lately in my area....
I have a feeling they are going to find a way to keep this eviction insanity intact forever.
Then, when people can’t find apartments or rooms to rent because-surprise-intelligent people realize they cannot make any money by renting, the supply will plummet.
The wailing and gnashing of teeth will be reminiscent of what we see with “food deserts” when grocery stores decide to leave Democrat-controlled areas because they get robbed and looted on a routine basis and are unable to make a profit. So they move 20 miles away and reopen.
Another Roberts added to the USSC.
Kavanaugh was read the riot act at his confirmation. He has discovered it is much easier to play along than rock the boat. Amy learned her lesson from his ordeal, too. The left owns the Supremes. They are essentially useless.
I would NEVER be a landlord.
These eviction moratorium supporters are really just commie rent abolishers, given that the economic circumstances have greatly approved.
improved, not approved.
I cannot truly find against justice Kavanaugh in this case, because Public Health law is extremely weird, written in the worst case scenario. In a declared epidemic, the Public Health Service, in this case the CDC, has virtually unchecked authority.
As has long been pointed out, if necessary, with presidential approval, they can drop a nuclear weapon on the United States.
They are only one step away from the USDA, which can order entire herds killed and burned; can destroy all crops in a state and forbid any more farming.
The only difference is that the CDC deals with people, so is supposed to minimize the homicide. Or at least triage it.
It would be easy for them to say that if people cannot work, they cannot pay rent, and we don’t want them spreading the plague around because they were kicked out.
In the law, there were no real options for justice Kavanaugh.
I have read several articles by various people who claim to have insider knowledge that some of the “conservative” justices are scared to death of the Dems threat to pack the court.
And, with Dementia Joe in the Oval Office, the nutjobs in charge of the House and the RINO’s in a position to aid the dems against the few conservatives in the Senate that the “conservative” justices are walking on eggshells in paralytic fear that the Dems will go through with their threat to Pack the Court.
Those people claim this is the reasoning behind many of their decisions. They don’t want to rile up the Dems. They just want to get through this current political period with a 9 member Supreme Court intact.
Personally, I find this line of thinking highly plausible regarding the new members of the Supreme Court.
Bump
The current Supreme Court should just find court packing unconstitutional and refuse to entertain them.
“Yes, Kavanaugh indicated he’d rule against the CDC the next time this issue came up, but that could take months if another moratorium is put in place.”
Not exactly. Kavanaugh ruled that Congress would have to authorize a future extension, so appellate courts could use that as justification to immediately strike down any future CDC moratoriums that are not authorized by Congressional legislation.
Agreed. Me neither.
When my father retired from the military, he moved back to his hometown and purchased his family house from his father. He also took control of a large multi-story building in downtown that his father had owned for many years. In the family, it was called “The Block”.
It was an old, ratty, depressing six or seven story building that he rented rooms from. The kind where many people on a floor had to share a few bathrooms. A tenement. It had been in decline for some years because I think my grandfather could no longer maintain it and had only been collecting rents, not keeping it up, and my dad took it over.
It was bottom of the line rooms for rent. Small rooms with one bed, one window (if they were lucky) a bedside table and a dresser. No closets. Decaying linoleum floors. Minimum rents, alcoholics, people down on their luck lived there.
When I was in high school, I went down there with my dad on occasion to help him repair things, put in paneling on deteriorating walls, fix toilets, and so on.
I found it extremely depressing. I hated going there. I found it very sad. So my dad would collect rents (He had done so since he was a teenager before he went in the Navy in WWII, and when he got out and went into the reserves, he was the designated collector while he went to college.
My dad was a kind and extremely considerate man, but...he could only let people go on their rent for so long. He gave people plenty of notice, and gave extensions, but eventually, he had to evict people who simply wouldn’t pay.
He would go up, unlock their door, put all their clothes and belongings into garbage bags and put them out in front of the building with papers identifying them and change the door lock.
I hated going there.
Funny thing, just a couple of years ago, I my wife and I were at a party over at a friend’s house, and he said he had something to give me. He handed me a small square of yellow paper, and I looked at it...it was a receipt for something, $12 IIRC, and...it had my dad’s signature on it from 1947!
Then I realized it was a receipt for rent...my buddy said he found it in one of his mother’s old purses when she passed away and they were cleaning out her things...his mother had lived in that old building back after the war...:)
“The current Supreme Court should just find court packing unconstitutional and refuse to entertain them.” The problem with your suggestion is PRECEDENT.
The SC was not always 9 justices. It became 9 justices. So, they cannot Rule it Unconstitutional because they would be ruling the current 9 member court Unconstitutional. If I recall correctly it went 6 to the current 9.
What an amazing story. You made it come to life.....I have a picture in my head of one of the rooms. Truly a gem of a story.
Thank you so much for sharing.
And yet the DOJ is still trying to get rid of Kavanaugh, dredging up old accusations, again.
The left is so stupid they even go after their stealth allies.
Most welcome...
So true, though. When I think of that place, I thank God I have a nice place to live in and sleep in, and am able to pay my bills.
And a personal shower. And a personal bathroom. And a personal washer and dryer...
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