Posted on 08/28/2021 3:34:20 AM PDT by Kaslin
How three well-educated highly-trained lawyers can achieve appointment and confirmation to the Supreme Court of the United States yet believe the Centers for Disease Control and Prevention – a federal public health agency – has any legal authority whatsoever to cancel or modify a private rental contract governed by state contract law is simply beyond comprehension. If one were a cynic, one might be tempted to think politics has infected the high court.
In swiftly striking down this federal overreach, six clear-headed rational jurists laid bare the utter absurdity of the Biden administration's legal argument. The majority point out that the Biden Administration attempts to rely 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."
See what the Biden administration does there? They try to equate CDC authority to implement fumigation and pest control to canceling lawful rental contracts. This is ludicrous. It is tantamount to the President of the United States – using power that he does not have – declaring “you may steal from your landlord. You may stay on her land as long as you wish and there’s not a damn thing she can do. I hereby suspend state eviction laws. I do this because my voting base wants me to and because I am the President.”
I wrote here – just a few weeks ago "[Biden] knows he will lose in court in the end. Everyone knows it. Even CDC Director Rochelle Walensky knows it. She is just dutifully carrying out political marching orders..."
The fact that three justices of the Supreme Court – one-third of the court – voted in favor of this absurdity is deeply unsettling. The judicial branch is supposed to be the adults in the separation-of-powers-room. The calm, quiet, intellectual ones who sit above the political fray. Unphased by the hurricane force political winds whirling around Washington DC. These are the men and women who are the guardrails of our republic – put there by our founders to serve as a robust check on executive or legislative overreach.
This abomination was known to be illegal a few weeks ago when – acting on orders from the White House no doubt, CDC Director Rochelle Walensky signed a new Eviction Moratorium despite a majority of the Supreme Court stating such was unconstitutional.
Someone(s) need to be accountable for violating their oath to support the Constitution & laws of the United States. The President of the United States surely violated his oath of office and CDC Director Walensky is a guilty accessory. The “just following orders” excuse won’t cut it Dr. Walensky. You knew it was wrong. You did not care. You did it anyway. You should resign in disgrace and fade away into the dustbin of history.
Speaking of being held accountable. Justices Sotomayor, Kagan and Breyer need to explain themselves. But they can’t. And they won’t ever have to. They serve comfortably for life. In attempting to explain himself, Justice Breyer writes in his dissent:
COVID–19 transmission rates have spiked in recent weeks, reaching levels that the CDC puts as high as last winter: 150,000 new cases per day. And then Breyer shows us a COVID19 chart.
Wow. What an amazing feat of legal analysis. The best that three justices of the highest court in the United States can do is say basically; “well the COVID19 numbers are scary looking so the President and the CDC can just to whatever they want. We will rubber-stamp whatever you want to do, no matter how many Americans’ livelihoods are wiped out. Because COVID.”
The ink is still wet on this SCOTUS ruling. Yet some in Congress are already screeching that Congress now needs to try to legalize theft.
It is true that Congress could pass a law that would turn the CDC into the Federal Bureau of Rent Control and Property Theft if it wanted to pass it. However – and purported delegation of federal power to any agency also has to pass constitutional muster. I re-read my pocket constitution this morning while writing this piece. I looked everywhere for federal authority to cancel lawful contracts (governed by state law) between a property owner and a tenant. I did not find any such authority among the enumerated powers granted to the federal government by the states.
Not only was this eviction moratorium an absurdity from the outset, it was illegal from the outset. The President of the United States knew it. The CDC Director knew it. And regardless of whether they will admit it, the three dissenting justices know it too.
The politics of the COVID10 era have now infected one-third of the Supreme Court of the United States. God help us all if that infection spreads to two more justices.
Sanity??? Three criminal, activist democrat taliban party judges still voted no.
The supreme court is broken and has been since its inception. They even wrote about this in the anti-Federalist papers.
The Supreme Court said, back in June, that the CDC had no authority, but left the eviction ban in place because it was expiring soon anyway.
Then the CDC extended the moratorium that the SC already said was unconstitutional.
The SC had no choice but to slap that bit of contempt down, or lose all credibility.
How many divisions does Roberts have?
Three pillars of towering intellect. /s
Deep State threw us a bone.
This silly author actually believes we still have a constitution?
The purpose of the “moratorium” was to condition the folks so they would demand FREE RENT. You’ve seen the signs. And insane democrats will introduce bills for “free” rent.
Anyone who is still working is going to get hit. Lazy, indolent slobs will get everything free. That, to a democrat, is social justice!
Is this why the CDC bought billions of rounds of ammunitions?
SCOTUS, RINOS, and especially Pence have blood on their hands. They could have stopped all of this and chose poorly. Now thirteen dead servicemen cry out for justice.....
Yeah, and it took how long and ruined how many people?
7 morons. And two guys who should have picked better careers. The Supreme Court is as worthless and disgusting as the UN.
There is no law in the US. Sorry 1st Amendment, the 2nd one is waking up.
The evidence is mounting that our government are little more than corrupt phonies.
NYS’s new governor has called a special session to address this eviction decision. New Yorkers will likely pay again. These poor landlords.
The purpose of the moratorium - that kept getting extended -
was for the government to take over the housing rental and building industries and further the cause of totalitarianism.
A lot of people were making more sitting at home (my niece for one) - and were A-OK with stiffing their landlords - while buying new cars, the latest TVs, gaming systems, new boats and other toys (plenty of anecdotal stories about this).
Democrats are already telling state governors and local mayors to impose their own moratorium.
This won’t end well..
Now that the piper has to be paid, it will be very interesting to see how this proceeds. I can see Antifa/BLM digging in on this. There will be violence. I am glad I am no longer a landlord.
As to more (supposed cases) so Fing what?
What matters to any judge lacking someone’s head up his/her arse is the existing law.
The phrase in the legislation that the CDC used is described by a list of examples of when it can legitimately can be used; vermin extermination, etc. SCOTUS looked at this and scathingly pointed out that the CDC was wrongfully stretching the application beyond all reason.
So, they replied with an opinion that not only forbids the eviction moratorium but might well be applicable to any other CDC activity of similar type. This might well be a killing blow to CDC edicts.
Just watched a webinar about the NY rental assistance. The gov progs predict a fraud level of “only 15 percent.”
It’s probably more like 90% fraud
If any (myself included) mom and pop landlords survive, they will need to stay one step ahead of the gov seeking to outlaw tenant screening as “discriminatory.”
NY has already sealed eviction records since July 2019 and added a LOT more militantly pro tenant laws against the landlord. Currently landlords are now requiring proof of paid rent over the last 6-18 months. Won’t be long before the govt outlaws this practice.
Knock on wood, although one of my tenants has stated that she has suffered a loss of income due to Covid (how I’m not sure; she works as a home health aide and I believe she gets paid to be a caretaker to her own “disabled” grown son via Freedom Care) everyone has paid their rent to date.
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