Posted on 08/26/2021 9:02:06 PM PDT by SeekAndFind
It's been a particularly bad day for President Joe Biden. On Thursday night, the U.S. Supreme Court threw out Biden's unconstitutional eviction moratorium. Justice Stephen Breyer was joined by Justices Sonia Sotomayor and Elena Kagan in his dissent.
BREAKING: The Supreme Court ends President Biden’s eviction moratorium. Justices Breyer, Sotomayor and Kagan dissent.https://t.co/VBwbQoqHdJ— Adam Liptak (@adamliptak) August 27, 2021
The challenge was led by the Alabama Association of Realtors, which had also won a victory from the U.S. District Court for the District of Columbia. The ruling noted that the District Court stayed its judgment, which the Supreme Court on Thursday vacated, making the judgment enforceable. "The District Court produced a comprehensive opinion concluding that the statute on which the CDC relies does not grant it the authority it claims," the ruling wrote. "The applicants not only have a substantial likelihood of success on the merits—it is difficult to imagine them losing," it later noted.
The ruling went on to critique the authority the Centers for Disease Control (CDC) claimed to have:
The case has been thoroughly briefed before us— twice. And careful review of that record makes clear that the applicants are virtually certain to succeed on the merits of their argument that the CDC has exceeded its authority. It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened. Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.
The equities do not justify depriving the applicants of the District Court’s judgment in their favor. The moratorium has put the applicants, along with millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recov- ery. Despite the CDC’s determination that landlords should bear a significant financial cost of the pandemic, many landlords have modest means. And preventing them from evicting tenants who breach their leases intrudes on one of the most fundamental elements of property owner- ship—the right to exclude.
The ruling also emphasized that it is the role of Congress to act, pointing out that "Congress was on notice that a further extension would almost surely require new legislation, yet it failed to act in the several weeks leading up to the moratorium’s expiration."
"It is indisputable that the public has a strong interest in combating the spread of the COVID–19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends," the ruling reminded in closing. "It is up to Congress, not the CDC, to decide whether the public interest merits further action here."
Well, Trump’s picks for Justices do decide correctly sometimes.
This one seems so obvious, you have to wonder what possible justification the three dissenters could have given.
Cue the lack of surprise.
I'm still waiting for spineless, bottom feeding crustacean judge roberts, to explain the "no political bias in the court system" remark...
RE: This one seems so obvious, you have to wonder what possible justification the three dissenters could have given.
“Landlords are rich, they have more than enough money. Renters are poor. Government has to help them to EQUALIZE an unfair economic system.” ( AOC’s rationale. I’m sure the 3 liberal justices concur ).
Gosh, between this and the restoration of Trump policies on the border, the straight jacket feels just a little more loose.
It’s about damn time. Hopefully the dems won’t start murdering conservative justices again.
No, they merely ruled it unconstitutional. Absolutely nothing will change at our open border.
That’s exactly the feeling they have..Landords are rich,don;t need the money and are screwing the little guy..... Except a lot of the landlords ARE THE LITTLE GUYS.........
And ‘pop’ goes the housing bubble. Buckle up everyone and please keep your arms, hands, legs, feet and head inside the ride vehicle at all times.
No, it won’t burst. In these times of total uncertainty, being “home” gives people peace of mind when everything else is f_cking crazy. We are all willing to pay for peace of mind in these times.
Landlords really got hosed the last 18 months.
NICE!!
How soon will this take effect?
Did they say where I go to collect all that lost rent?
This is why there is a bubble, if you can call it that. Way too much uncertainty. People are not going to sell their house on the hopes of possibly finding something somewhere else. People are staying put, hence no stock available and high prices for limited availability.
And now the deadbeat tenants will begin trashing their formerly free digs. Nothing is right anymore.
The CDC Order has subjected property owners nationwide, over their objection, to an extended Government-authorized physical invasion, occupation, or appropriation of their private property by third parties without compensation. The CDC needs to pay property owners back rent with interest. The people who wrote and approved the moratorium need to be arrested and tried for depriving landlords of civil rights under color of law. But don’t hold your breath.
Agreed, it has to be blind allegiance to their politics.
The two women judge by their emotions and not the Constitution or the laws. Breyer? He’s a closet woman??
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