Supreme Court throws out Biden administration eviction moratorium

[Calista241]

Source: CNN

The Supreme Court on Thursday blocked the Biden administration's Covid-related eviction moratorium.

"If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it," the court wrote in an unsigned, eight-page opinion.

The three liberal justices dissented.

This latest round of litigation was prompted by the version of the moratorium rolled out by the US Centers for Disease and Prevention on August 3, days after the last iteration of the moratorium had expired.

Read more: https://www.cnn.com/2021/08/26/politics/supreme-court-eviction-moratorium/index.html

[JohnSJ]

1. Weeks ago the Biden Administration predicted this and said Congress needs to pass a bill to maintain

the moritorium. Maxine Waters wrote that bill

What is the status of that bill?

[agincourt]

2. Man they sure didn't seem to mind the eviction moratorium

that much when Trump was in office, I wonder why?

[MichMan]

3. The lawsuits against it hadn't been through the lower courts yet?

[Drunken Irishman]

13. They did. But they didn't act because it was supposed to expire.

But Biden extended it.

[MichMan]

4. Identical to the last ruling they made a couple months ago

No one is surprised by this, least of all President Biden. He said as much when he extended it.

[DemocraticPatriot]

27. At least he bought some people a few more weeks...

[Mr. Evil]

5. I have a suggestion if thousands of people are evicted.

Whichever republican justice lives closest to you, coordinate with as many fellow evictees and set up camp in the respective justices front yards. Or surround their townhomes.

John Roberts
Amy Coney Barrett
Clarence Thomas
Samuel Alito
Brett Kavanaugh
Neil Gorsuch

Those 6 degenerates are as un-American as you can get. No ethics, no integrity, no honor.

[orleans]

15. kavanaugh won't mind as long as you bring a kegger! nt

[Mr. Evil]

24. Ba Da Bing!

Boof-O-Rama!

[NYC Liberal]

18. Why not set up camp in front of Congress, which can pass a bill tomorrow?

[Mr. Evil]

25. All for that too.

But, they'd probably be arrested. Which would serve to prevent them from ever getting a decent place to live.

Maybe I'm being too cynical. Republicans are destroying this country in broad daylight.

[czarjak]

26. Six for six. I-L-L-E-G-I-T-i-M-A-T-E

[George II]

6. Not a surprise, the message a few weeks ago was that this had to come through Congress....

....not the President.

[Coventina]

7. The cruelty is the point. n/t

[appalachiablue]

8. It is for sure

[Tarc]

9. I and others pointed this out weeks ago, and were met here with hissy fits

by people who do not understand law.

Is the Eviction Moratorium—and Its Extension—Unlawful?

Maybe. The latest version of the Eviction Moratorium, like all prior versions, is based on the Public Health Service Act of 1944. That statute does not expressly allow the CDC to halt evictions. Instead, it provides that the CDC director may “make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases.” And, in carrying out such regulations, the director “may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary.”

[Blasphemer]

11. Indeed.... lots of legitimate legal questions are raised by the moratorium...

The answers to which aren't black and white. It's disappointing the Court split completely on ideological lines. It's an interesting statutory interpretation question.

[qazplm135]

21. the "law" is interpreted by one side or the other

a 6-3 liberal court upholds it in all likelihood hanging it's hat on the differences with Delta variant.

This wasn't some obvious legal conclusion that was the only possible outcome, it was because we lost the Court and didn't take it seriously enough in 2016.

[choie]

10. Hope you're enjoying your break, Congress!

N/t

[hadEnuf]

12. Expect this crap to continue on and on.

The Right Wing SCOTUS is bought and paid for. Expand the court or get used to this anti-citizen agenda as a way of life for the American people.

[DonCoquixote]

14. this court needs to be expanded

and for that matter, Breyer needs to avoid making rbg's fatal mistake of keeping another from replacing him. Let Biden put in someone early 30's, someone who will be there a while

[area51]

31. +1, the court needs to be expanded. n/t

[Midnight Writer]

16. We need to get that money to folks so they won't be evicted.

We've allotted billions in funds to States to pay the landlords so they don't get screwed.

From all reports, very little of that money has been used as intended.

If the landlords get their rent, which they are entitled to, then they will not need to evict.

This is a bureaucratic bottleneck that is gumming up the works here.

Pressure (or perhaps oversight) needs to be put on the States to get their act together.

[global1]

17. How Did Tr**p Get Away With All His Executive Orders & Biden Gets Shot Down?....

Also - how did this get to the Supreme Court so fast. Didn't Biden just do this about a month ago?

Why is it that most cases to the Supreme Court take an inordinate amount of time to get them to make a decision on - and this one proceeded so fast.

Tr**p signed a slew of EO's that nobody seemed to challenge or take to SCOTUS - how did this one get killed so fast?

[Calista241]

30. Trump spent his entire Presidency fighting for his EO's in the courts.

Just to list a few that he fought for and lost:

Muslim ban. - Blocked
DACA repeal. - Blocked
Combating Race and Sex stereotyping. - Blocked
Transgender military ban. - Blocked
Citizenship question on the Census. - Blocked
Family separations under his zero tolerance policy. - Blocked
Asylum ban. - Blocked
Sanctuary cities crackdown. - Blocked

This one got killed so fast because the Supreme Court already litigated it, and that litigation started under the Trump Administration.
Biden made a minor, minor change and re-implemented it, and the SC told him to piss off.

[tirebiter]

19. The debt has not been eliminated

Nor should it be. Everybody is just putting it off.

[kelly1mm]

20. Good. It was unconstitutional as The President even suggested. NT

[cstanleytech]

22. Biden and the Democrats then should use this ruling to rake the Republicans in vulnerable states

over the coals with during the upcoming election by pointing out that its the fault of the Republicans for them and their children being evicted and hammer them over it 24/7.

[BumRushDaShow]

29. "Biden and the Democrats then should use this ruling to rake the Republicans"

The Republicans are already "raking" their own constituents over the coals with COVID infections so they don't give a shit about "housing" except to have hospitals, and finally a pine box or urn, be the final "housing" for the jackasses who voted for them. Their voters think that evictions are an "urban/inner city/slums" (POC) problem and not theirs - notably those exhibiting the same kind of cognitive dissonance that has them beg for an EUA-approved monoclonal antibody treatment because an EUA-approved vaccine is "bad" because it was only "EUA-approved", while living out of their cars in a Walmart parking lot because they were evicted.

I'll never forget a special report that I think may have been done by Dan Rather (when Raygun was in office), where some rural welfare recipient living in a shack, was ranting and raving about people "on welfare" while the reporter finally got her to admit that she was receiving it herself (or at least verified that she was).

[BumRushDaShow]

28. This was expected

and offered a couple weeks leeway but many knew what the end result was going to be and it was a matter of when the ax would fall. So all the theatrics and finger-pointing by the Legislative Branch (House) and punting the "blame" at the Executive Branch, has been exposed, and boomeranged right back in their faces. The ball is back in their court.

Weren't they in session this week?

[Politicub]

32. Now people will lose their shelter. In the middle of a pandemic.

The conservatives on the Supreme Court kick people, again, when they’re vulnerable.

[ripcord]

33. Many landlords haven't received rent in over a year

The fact that people were allowed to self certify that they couldn't pay rent due to covid was absurd and ripe for abuse, my neighbor and his wife bragged that didn't lose their jobs and got bonuses during the pandemic but claimed they couldn't pay rent due to the pandemic and fully expect to get in on assistance.

[Jose Garcia]

34. Congress have had almost two months to fix this

Great job!

[cstanleytech]

35. With Moscow Mitch and his ilk standing in the way are you surprised?

[Jose Garcia]

36. McConnell didn't have to lift a finger to stop anything as there has been nothing to stop

Has there been any committee hearings? Democrats have an outright majority in the House, but they haven't bothered to even hold a committee hearing on a bill to fix this.

[cstanleytech]

37. Pelosi tried last month to extend it and it failed

https://www.bloomberg.com/news/articles/2021-07-30/pelosi-fails-in-eleventh-hour-bid-to-extend-eviction-moratorium

Why could she not persuade them? My guess is because they knew it would wither and die in the Senate due to the fact that we only have 50 votes there and the current Senate rules.
Rules which the Republicans claim to support in order to block the Democrats from passing anything when the Democrats have the majority but also and rules which the Republicans change and move the field goal when they have the majority to ram through things like Supreme Court judges.

[Jose Garcia]

38. It doesn't look like she tried very hard. No actual legislation. No vote taken.

[cinematicdiversions]

39. Honestly a lot of democrats are against extending this as well.

It was a good idea for the short term but went on way to long often hurting the people it was supposed to help.

[cstanleytech]

40. I realize it needed to be reworked but that does not mean they should have refused an extension

while they worked on it.

[cinematicdiversions]

41. Rents are up 30 to 50 percent in some areas

Due to the market being artificially constrained for so long. This is effecting mostly the poor and working class.

[cstanleytech]

42. How is that related to the topic at hand which is about people being evicted due to the virus

causing them to lose their livelihood?

[cinematicdiversions]

43. The eviction moritorium at this point may be hurting the lower middle class rather than heling.

If constrain supply and raise rents on the 95 percent of the working class who are not in arrears, it has a bigger economic impact than evicting those that have not paid rent for the last eighteen months.

It is a policy at this point that is squeezing the poor by reducing options for housing and freezing them out of rentals.

[MichMan]

45. Rents being raised on those who are paying to make up for those who can't?

[myohmy2]

44. "...in an unsigned, eight-page opinion."

...I'd also be too embarrassed to sign it...

...it's always the same, money over people...

...pandemic be damned...they could have punted, looked the other way...

...or do what they usually do when they get a shitty stick; ignore it today, maybe fix it tomorrow, pretend they're doing God's work...Congress, LOL...

...sad to think this is what we've become...