This evening, the United States Supreme Court struck down the federal eviction moratorium in a 6-3 vote, with the liberal judges dissenting. This was the second extension of the moratorium that was originally set to expire in December of 2020. However, it was renewed by Congress through July. This most recent extension that expired, Congress did not renew it but it was extended under the CDC’s authority instead.
Sean Langille tweeted:
“#BREAKING: The U.S. Supreme Court has struck down the federal eviction moratorium “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.””
“The case has been thoroughly briefed before us—— Sean Langille (@SeanLangille) August 27, 2021
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.”
The brief states the CDC lacks the authority to bar evictions. This comes as another blow to the Biden administration while he is failing on many other fronts simultaneously. In the ruling, it is explained “When the eviction moratorium expired in July, Congress did not renew it. Concluding that further action was needed, the CDC decided to do what Congress had not.” It is not within the CDC’s power to do this.
SCOTUSblog tweeted, “BREAKING: The Supreme Court lifts the federal eviction moratorium. In an unsigned 8-page opinion (with the three liberals dissenting), SCOTUS sides with a group of landlords who argued that the CDC lacked the authority to bar evictions during the pandemic.”
BREAKING: The Supreme Court lifts the federal eviction moratorium. In an unsigned 8-page opinion (with the three liberals dissenting), SCOTUS sides with a group of landlords who argued that the CDC lacked the authority to bar evictions during the pandemic.https://t.co/LNrCxd7f9X https://t.co/NecnZ90zgf— SCOTUSblog (@SCOTUSblog) August 27, 2021
The opinion issued by the majority shows how the CDC abused their power, “The applicants not only have a substantial likelihood of success on the merits—it is difficult to imagine them losing. The Government contends that the first sentence of §361(a) gives the CDC broad authority to take whatever measures it deems necessary to control the spread of COVID–19, including issuing the moratorium. But the second sentence informs the grant of authority by illustrating the kinds of measures that could be necessary: inspection, fumigation disinfection, sanitation, pest extermination, and destruction of contaminated animals and articles. These measures directly relate to preventing the interstate spread of disease by identifying, isolating, and destroying the disease itself. The CDC’s moratorium, on the other hand, relates to interstate infection far more indirectly: If evictions occur, some subset of tenants might move from one State to another, and some subset of that group might do so while infected with COVID–19.”
The Supreme Court also hit the Biden administration earlier this week with the requirement that the administration needs to make a good faith effort to reinstate the Trump era, “Remain in Mexico” policy also known as MPP amid the border crisis. This was a big win for all border states.
We reported, “Biden’s radical left-wing break from former President Trump’s “Remain in Mexico policy” is being overridden.
Biden will now have to abide by the order whether he likes it or not.
The court’s decision referenced its 2020 ruling that thwarted Trump’s bid to end a program introduced by Democratic former President Barack Obama that protects from deportation hundreds of thousands of immigrants – often called “Dreamers” – who entered the United States illegally as children.
Both cases concern whether the government followed the correct legal process in unwinding a previous administration’s policy.“
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