The eviction moratorium has been struck down

[dsc]

Link to tweet

I honestly figured this would happen, the decision on the previous one made it clear than any extension was DOA. But this is part of a growing problem with the shadow docket. In just two days, the court gave us major decisions with literally no explanation. Yesterday's decision literally requires us to either invade Mexico or give into any Mexican demands that might be forthcoming to restart a program that Trump had already suspended, while today's requires us to let tenants be evicted in the teeth of the worse pandemic numbers of the entire pandemic in both Florida and NC at least. Most other states have the worst numbers they have had in months.

[dflprincess]

1. If Breyer is dispairing

he might want to give Biden the chance to replace him. How dispairing will he be if we wind up with a 7th conservative in his seat?

[ecstatic]

7. Exactly. nt

[Blaukraut]

9. He plans on dying in his seat, so he won't have to worry about despairing anymore n/t

[qazplm135]

27. pretty clear he plans to die in office

not sure why, but if he hasn't left by now, he isn't, short of a life threatening illness or death.

[SoCalDavidS]

2. Breyer Knows

He knows that for probably the next 40 years, the liberals are fucked in the courts.

Hopefully he retires sooner rather than later, so President Biden can appoint a replacement, so things don't get even worse.

[MichMan]

3. Even Pres. Biden was expecting this ruling

[FoxNewsSucks]

4. That's what the Roberts SCROTUS will be doing from now on.

Ruling the way corporations and billionaires want. And often enough the way RWNJs want, such as Roe v Wade to keep the booger-eaters voting R.

Screw the law, screw precedent, screw procedure. That's how they'll rule.

And certain Democratic elected officials are apparently OK with that.

[LenaBaby61]

10. That's what the Roberts SCROTUS will be doing from now on.

And IF the GQP/US Taliban can steal the Congress/Senate back, look the fuck OUT.

The GQP/US Taliban will REALLY be showing out then. Impeaching Biden, Harris and turning this country into what the Taliban is over there 👉🏻

Off-topic, why aren't Dems defending Biden? Where are they? I know some Squad members criticized Pres. Biden over his handling of Afghanistan, but are they also going to blame him for what happened in the courts today with this housing moratorium being struck down?

[FoxNewsSucks]

15. They might be defending Biden

Probably are. But if it's not on TV . . .

Like the Progressive Caucus which proposed a balanced budget every year. No coverage, therefore no one knew.

[bullwinkle428]

5. Chump's bought-and-paid-for "3 Stooges" are delivering exactly what had been promised.

[ZonkerHarris]

6. The Roberts Court is showing it's true fascistic and anti-Democratic tendencies now.

[Goodheart]

11. OK, seriously... how is upholding property rights "anti-Democratic"?

I think a better solution would have been for the government to pay rents for affected persons.

[dsc]

14. It is undemocratic to do so without any real explanation nor public arguments

[MichMan]

20. Orders direct from the CDC aren't exactly democratic either

The SC made it quite clear a couple months ago, and told congress to pass legislation if they wanted the moratorium to continue. No one should be surprised that they would reaffirm the previous ruling.

See attached post from Aug. 3 stating that even President Biden was fairly certain it would be overturned.

"Speaking at the White House on Tuesday, Biden said he pushed the CDC to again consider its options. But he still seemed hesitant as to whether the new moratorium could withstand lawsuits about its constitutionality, saying he has sought the opinions of experts as to whether the Supreme Court would approve the measure. “The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster,” Biden said. “But there are several key scholars who think that it may and it’s worth the effort.”

The president added that the moratorium — even if it gets challenged in court — “will probably give some additional time” for states and city to release billions of dollars in federal relief to renters. Politically, the extension could help heal a rift with liberal Democratic lawmakers who were calling on the president to take executive action to keep renters in their homes. The administration had spent the past several days scrambling to reassure Democrats and the country that it could find a way to limit the damage from potential evictions through the use of federal aid."


https://www.democraticunderground.com/10142779770

[FBaggins]

23. There were clear explanations and public arguments

They couldn’t have been clearer

[qazplm135]

28. Judicial Review itself

isn't really "democratic."

[Goodheart]

8. Hate to say it, but I just don't see how the eviction moratorium was constitutional.

Maybe in some martial law national emergency sense, maybe. I applaud the try, though.

[dsc]

12. I honestly did find the moratorium somewhat dubious

though a very short term one I could see passing muster. But the shadow docket has been a very real problem. The decision yesterday was outlandish. Literally Mexico could demand a trillion dollars from us to restart that program, and if the judge in Texas says a rejection of that isn't good faith, then we have to pay the trillion dollars or be found in contempt. They have also completely rewritten the law surrounding religious exemptions (at least in regards to COVID) with pretty much no explanation at all.

[cinematicdiversions]

16. I Agree. I think it was a good emergency short term policy.

But it went on way too long bankrupting many in the middle class and distorting the housing market beyond any recognition.

It wasn't just unconstitutional, but at this point it was really bad policy.

[qazplm135]

29. of course it's constitutional

the Court didn't say it wasn't, they said Congress needs to reauthorize the law to extend the deadline.

[Hoyt]

13. If they want to help people about to be evicted, get the federal money out for delinquent rent.

Sorry by those impacted by this ruling, but it's probably right at least legally, if not morally.

[choie]

22. It's states like NY's fault

Their implementation of the Emergency Rent Program has been a complete disaster.

[Hoyt]

25. Seems states' fault. I don't get the delay. You'd think Blue states want to help renters

and rube states would want to help landlords.

[JohnSJ]

17. Where is the Maxine Waters bill to stop this. The Biden administration said the SC said this was up

to Congress

[dsc]

18. I doubt we can get it through the House

and am dead certain we can't get it through the Senate.

[JohnSJ]

24. Add it to reconciliation

[Johnny2X2X]

19. The problem is they kept kicking the can

Down the road. 18 months with no evictions means there are 18 times the normal evictions for a month built up. So it’s going to be an incredible amount of people out over the next several weeks.

[mvd]

21. Yes it is way too many people at once

I think it should be extended through to the end of the year. And if the 3 liberal judges found it Constitutional over the RWers, I am not arguing. We need more aid to get out also.

This crisis demands humanitarian policy.

[Cerridwen]

26. Two Americas.

[Crunchy Frog]

30. Sounds like the court is taking over the function of the executive branch.

At least when the executive is a Democrat.