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Judge doubts eviction ban, but may lack power to stop it
The Associated Press ^ | August 9, 2021 | By MARK SHERMAN

Posted on 08/09/2021 12:29:30 PM PDT by Oldeconomybuyer

U.S. District Judge Dabney Friedrich promised a decision soon in an effort by Alabama landlords to block the moratorium imposed last week by the Centers for Disease Control and Prevention, which it said was based on the spread of COVID-19′s delta variant.

Friedrich suggested the administration was engaged in legal “gamesmanship” to buy time for the distribution of $45 billion in rental assistance money. But, citing a ruling by the appellate court above her, she also asked a lawyer for the landlords, “Why are my hands not tied?”

Friedrich questioned whether she should give so much weight to Kavanaugh’s one-paragraph opinion, especially since the four dissenting justices offered no explanation for their votes.

Shumate also said the new order was issued “in bad faith” and without legal justification, citing President Joe Biden’s own publicly expressed doubts about the order.

“The court shouldn’t tolerate the government getting away with this,” Shumate said.

Justice Department lawyer Brian Netter said the rise in the spread of the delta variant altered the plans to allow the moratorium to lapse. “We’re in a new chapter of this pandemic,” Netter said.

(Excerpt) Read more at apnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: ccp; cdc; covid19; dabneyfriedrich; dabneylfriedrich; dcdistrict; scotus; trumpjudge; tyranny
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1 posted on 08/09/2021 12:29:30 PM PDT by Oldeconomybuyer
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To: Oldeconomybuyer

Block the government - expedite the process - if the Democrats persist they are acting in treason of the constitution and the state governors have the authority to take action.


2 posted on 08/09/2021 12:34:26 PM PDT by Skywise
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To: Oldeconomybuyer

Who’s running this country?


3 posted on 08/09/2021 12:34:37 PM PDT by DownInFlames (G)
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To: Oldeconomybuyer

The landlords need to sue the Federal Government for violation of their rights to property. Of course since the case is in Federal court which can take years, the tax and mortgage payments will be suspended until the court decides. WELCOME TO THE PARTY BOYS!


4 posted on 08/09/2021 12:35:46 PM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: Oldeconomybuyer

And so injustice and illegality are legalized. Ever since the government “allowed” renters to destroy their apartments, to disturb their neighbors, to not pay rent, the rule of law has been broken.

No branch of government has the right to invalidate the terms of a valid contract of which it is not a part. This cannot be disputed. The government has acted illegally. Why is everyone so wimpish about this?


5 posted on 08/09/2021 12:37:52 PM PDT by I want the USA back (We have more to fear from our government than from the bug that the chicoms made for us. )
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To: Oldeconomybuyer

“Why are my hands not tied?”

Why do you think they are? Rule according to the LAW...a novel idea, I know. It might just catch on.


6 posted on 08/09/2021 12:38:17 PM PDT by Adder ("Can you be more stupid?" is a question, not a challenge.)
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To: Oldeconomybuyer

Since when in our lifetimes have federal judges felt constrained to act? (especially in lunatic manner when it involves common sense or conservative values)


7 posted on 08/09/2021 12:39:59 PM PDT by A strike (Barr to Gitmo, Roberts to Florence supermax, HerrDoktor FauxiGates to TerreHaute)
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To: Oldeconomybuyer
The courts sure moved quickly to create injunction to stop Trump from doing things that were legal. Now they have an act that they courts have already declared illegal and they are falling all over themselves to figure out how to do nothing.

Yeah, Mr. Chief Justice. There are no political judges.

8 posted on 08/09/2021 12:40:43 PM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: DownInFlames
Who’s running this country?

China, Europe, UN, WHO, CDC, DOJ, judges, Soros, Gates, Google, Microsoft, Apple, ..., pretty much anyone in power we didn't directly elect.

9 posted on 08/09/2021 12:41:10 PM PDT by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021)
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To: Oldeconomybuyer

The judge admits she knows it’s illegal, and her job is to enforce the law, but she doesn’t want the blame for evicting millions of people, so she’ll kick this can down the road.


10 posted on 08/09/2021 12:41:33 PM PDT by Boogieman
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To: Oldeconomybuyer

there was a guy the other day where the owner ask him WHY he wasn’t paying rent since he was one of the “essentials” and never missed a day of work?

guy told him he was saving up for a house downpayment...


11 posted on 08/09/2021 12:44:49 PM PDT by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. P144:1)
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To: Oldeconomybuyer
The Eviction Ban is blatantly illegal so what's the problem?
There is no statute that allows it.
CDC has no authority to make laws. No laws whatsoever.
Only congress can legislate. No agencies can do that, yet we have allowed it to go on for too long.

12 posted on 08/09/2021 12:49:19 PM PDT by BitWielder1 (I'd rather have Unequal Wealth than Equal Poverty.)
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To: DownInFlames

Who’s running this country?

Whoever says they are when asked apparently.

Regarding the alleged Judges comments about 4 who did not state an opinion, This makes no sense whatsoever. Just another justice who does not want to do what they are paid to do which is decide an issue. In effect, this judge said, well, I disagree with the supreme court so I will just say I am not sure what they meant.


13 posted on 08/09/2021 12:49:43 PM PDT by Mouton (The enemy of the people is the media )
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To: Oldeconomybuyer

It’s funny how a random judge blocked Trump every single week, but nobody seem to want to block Biden’s orders. 2 system of justice is the name of the game these days.


14 posted on 08/09/2021 12:50:36 PM PDT by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: pepsi_junkie

“Yeah, Mr. Chief Justice. There are no political judges. “

THAT particular Traitor Roberts “opinion” still really grinds me the wrong way.


15 posted on 08/09/2021 12:51:36 PM PDT by Paladin2 (Critical Marx Theory is The SOLUTION....)
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To: Lockbox

I respectfully disagree. The landlords are doing the right thing to sue in state court (Alabama). Both for the hope that it won’t be delayed in federal court as long as it is in state court (as you pointed out). And to help us win a states’ rights battle that might possible help us in other battles and reign in other abusive and unconstitutional power by the federal gubment.


16 posted on 08/09/2021 12:54:02 PM PDT by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: Oldeconomybuyer

Really easy to fix this if you got balls!

Your Honor, the State is claiming Eminent Domain and SIEZING your personal residence, we are going to turn it into a AirBNB and the proceeds will be used to help the landlords in this State that were harmed by this moratorium, don’t feel bad your Honor, we are SIEZING the Property of ALL Federal Officers of the Court in the State for the same purpose.

See KELO Decision by the USSC, THEY HAVE THIS RIGHT and NOBODY CAN STOP THEM!!!


17 posted on 08/09/2021 12:56:14 PM PDT by eyeamok (founded in cynicism, wrapped in sarcasm)
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To: Oldeconomybuyer

The socialist judges are getting brazen.


18 posted on 08/09/2021 12:59:40 PM PDT by allendale
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To: All

I’m starting to thinking giving this much power to judges was a mistake. Most of them were just crummy lawyers who bribed a governor for a cushy Life time job.


19 posted on 08/09/2021 1:00:45 PM PDT by escapefromboston (Free Chauvin)
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To: I want the USA back

<>No branch of government has the right to invalidate the terms of a valid contract of which it is not a part.<>

The Constitution prevents state impairment of contracts and doesn’t authorize Congress or the President to do so.

If Wuflu is an emergency equivalent to war and thus necessitating extraordinary powers, then Congress must act.

What we have now is pure tyranny.


20 posted on 08/09/2021 1:01:02 PM PDT by Jacquerie (ArticleVBlog.com)
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