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SCOTUS Says Violating the Constitution is Fine if Temporary (What a Mess this Whole thing Has brought on.)
Townhall.com ^ | July 12, 2021 | Cece O'leary

Posted on 07/12/2021 11:07:31 AM PDT by Kaslin

Guess what’s unconstitutional? When the federal government tells property owners they cannot be paid by tenants who rent their property.

In September 2020, the U.S. Centers for Disease Control and Prevention (CDC) told state courts that they could not hear eviction proceedings and unilaterally declared that private property owners had to allow non-paying renters to live rent-free until the CDC says otherwise. At the time, the CDC pointed to COVID-19 as justification for its unprecedented power grab, but it quickly proclaimed that the federal agency could stop evictions at anytime in the name of “fairness”—pandemic or not.

If this sounds illegal and unconstitutional, that is because it is. In February 2021, a federal district judge in Texas declared that the federal government lacked the constitutional authority to stop evictions. He ordered the moratorium to be set aside. The ruling came as a result of a lawsuit filed by Southeastern Legal Foundation and Texas Public Policy Foundation on behalf of a coalition of private property owners who were forced to house others for free and carry all the costs that come with owning a house like property taxes and mortgage. Since then, at least three other judges have found the eviction moratorium to be unlawful or unconstitutional.

Even though the Texas court set the eviction moratorium aside and the CDC agreed in open court that it would honor any final judgment issued by the court, the CDC in an obnoxious abuse of power refuses to lift the moratorium. This blatant disregard and disrespect of the judiciary by the CDC should shock Americans.

But what may turn heads even more is that the United States Supreme Court is allowing the CDC to continue to ignore judicial rulings that the moratorium is illegal and unconstitutional because it will expire in a few weeks anyway. Ignoring the fact that the moratorium has already expired and been renewed three times, every day the moratorium is in place, private property owners are being deprived their constitutional rights.

The case reached the U.S. Supreme Court on an emergency appeal after a federal judge in D.C. stayed the injunction against the CDC. Four justices—Thomas, Alito, Barrett, and Gorsuch—voted to lift the stay, enforce federal law, and stop the CDC from its unlawful power grab. But the other five—Roberts, Breyer, Kagan, Sotomayor, and Kavanaugh—refused to hold the CDC accountable.

Emergency appeals are denied, that is not unusual. But what makes this case different is that Justice Kavanaugh, who voted with the majority, wrote a concurring opinion in which he acknowledged that the “Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium.” But because the moratorium is set to expire at the end of July—“only a few weeks” away—Justice Kavanaugh said it was OK to leave the moratorium in place. He opined that it was better to wait anyway, because it would give the CDC time to distribute rental assistance funds in a “more orderly” manner.

Once again, this should shock all Americans. A justice sitting on our nation’s highest court just acknowledged that a federal agency is violating the Constitution and federal law. Yet because the constitutional violation will continue for “only a few weeks,” he (and four other justices) does not see the urgency in striking down the agency’s action. And what’s more, he believes that the agency needs time to continue violating the Constitution so that it can sort through certain logistics.

But what may turn heads even more is that the United States Supreme Court is allowing the CDC to continue to ignore judicial rulings that the moratorium is illegal and unconstitutional because it will expire in a few weeks anyway. Ignoring the fact that the moratorium has already expired and been renewed three times, every day the moratorium is in place, private property owners are being deprived their constitutional rights.

The case reached the U.S. Supreme Court on an emergency appeal after a federal judge in D.C. stayed the injunction against the CDC. Four justices—Thomas, Alito, Barrett, and Gorsuch—voted to lift the stay, enforce federal law, and stop the CDC from its unlawful power grab. But the other five—Roberts, Breyer, Kagan, Sotomayor, and Kavanaugh—refused to hold the CDC accountable.

Emergency appeals are denied, that is not unusual. But what makes this case different is that Justice Kavanaugh, who voted with the majority, wrote a concurring opinion in which he acknowledged that the “Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium.” But because the moratorium is set to expire at the end of July—“only a few weeks” away—Justice Kavanaugh said it was OK to leave the moratorium in place. He opined that it was better to wait anyway, because it would give the CDC time to distribute rental assistance funds in a “more orderly” manner.

Once again, this should shock all Americans. A justice sitting on our nation’s highest court just acknowledged that a federal agency is violating the Constitution and federal law. Yet because the constitutional violation will continue for “only a few weeks,” he (and four other justices) does not see the urgency in striking down the agency’s action. And what’s more, he believes that the agency needs time to continue violating the Constitution so that it can sort through certain logistics.


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: biggovernment; politicaljudiciary; propertyrights; spammer; supremecourt; temporary
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1 posted on 07/12/2021 11:07:31 AM PDT by Kaslin
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To: Kaslin

500 years is ‘Temporary’..........................


2 posted on 07/12/2021 11:08:34 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Kaslin

So the CDC is now in the rent subsidies, plague propaganda, and plague distribution businesses? Wow! Talk about budget bloat!?


3 posted on 07/12/2021 11:12:02 AM PDT by blackdog (Joe Biden, Deep State Cuckold.)
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To: Kaslin

NOTHING the government does is temporary.

here in western new york we are still paying the one-year ‘temporary’ additional 1% sales tax... 35 years later.


4 posted on 07/12/2021 11:13:19 AM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: Mr. K
here in western new york we are still paying the one-year ‘temporary’ additional 1% sales tax... 35 years later.

Oh, and the Thruway tolls were also temporary.

5 posted on 07/12/2021 11:15:25 AM PDT by 1Old Pro (Let's make crime illegal again!)
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To: Kaslin

Welcome to COMMUNISM in America. It started by accepting crapola like this and laughing at it. Those people actually believe it. They are serious. In Cuba people take to the streets against it. In America we take to our booze and baseball to put it out of our addled brains. Look out world!


6 posted on 07/12/2021 11:17:22 AM PDT by Don Corleone (leave the gun, take the canolis)
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The Constitution was abrogated on Usurpation Day, January 20, 2009.


7 posted on 07/12/2021 11:17:24 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents)(Know Islam, No Peace - No Islam, Know Peace)
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To: Kaslin

What is it with the double posting of paragraphs in many of your posts?


8 posted on 07/12/2021 11:17:49 AM PDT by billyboy15
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To: Kaslin

Temporary is the new “Permanent.”


9 posted on 07/12/2021 11:17:57 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: Kaslin

Well allegedly none of this constitution malarkey is absolute. Right Pedo Joe? 😱😲🐂💨💩


10 posted on 07/12/2021 11:18:18 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this?)
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To: dfwgator

Yeah, “flatten the curve!”


11 posted on 07/12/2021 11:19:57 AM PDT by Sirius Lee (They intend to murder us. Prep if you want to live and live like you are prepping for eternal life)
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To: Kaslin

There was a sense that the “civil rights act” would be a temporary solution to “make us behave,” and then it wouldn’t be needed. Look at how THAT has metastasized.


12 posted on 07/12/2021 11:20:28 AM PDT by fwdude
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To: Kaslin

Well, the Supreme Court agrees with beloved Leader and President, Joe Biden, that no Amendment is absolute.

I can hardly wait for the next Republican administration. You know those amendments against ex post facto laws, bills of attainder, and no cruel and unusual punishment? They are not absolute either.

And maybe mandatory church attendance for a temporary, five year period is just the thing to correct our social problems.

As the progressives say, you have to break some eggs to make an omelet.


13 posted on 07/12/2021 11:20:53 AM PDT by Cincinnatus.45-70 (What do DemocRats enjoy more than a truckload of dead babies? Unloading them with a pitchfork!)
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To: Sirius Lee

Also for Mail-In Voting.


14 posted on 07/12/2021 11:21:10 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: Don Corleone
In America we take to our booze and baseball to put it out of our addled brains.

Americans prefer the peaceful slavery of booze and baseball over the animated contest for freedom. Make no mistake.

15 posted on 07/12/2021 11:21:33 AM PDT by dware (Americans prefer peaceful slavery over dangerous freedom)
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To: Kaslin
In related news today, Anthony Fauci has ruled that drug approvals by the FDA are merely technicalities that are of no importance.

Next up, "Thalidomide and You" its just a tummy ache.

16 posted on 07/12/2021 11:23:18 AM PDT by blackdog (Joe Biden, Deep State Cuckold.)
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To: Mr. K

The CDC is not even the government. They are a not for profit funded by both governments and private entities. This would be like PBS requiring everyone to listen to All Things Considered to get their “official” news.


17 posted on 07/12/2021 11:24:03 AM PDT by packagingguy
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To: Kaslin

Kavanaugh

Is he thoroughly whipped or was he already a liberal/leftist.

Thanks federalist society.


18 posted on 07/12/2021 11:24:08 AM PDT by Pollard
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To: Kaslin

Good. Easier for Trump to kick Biden out, since Trumps term will be shortened and not perminent.


19 posted on 07/12/2021 11:24:42 AM PDT by The MAGA-Deplorian (Democrats are lawless because Republicans are ball-less)
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To: Kaslin

I think we should temporarily make it illegal for Progressive News Sources to operate. Just put them all out of business for 3-4 years. It’s an emergency.


20 posted on 07/12/2021 11:27:05 AM PDT by ClearCase_guy
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