U.S. Supreme Court ends CDC's pandemic residential eviction moratorium

[Celerity]

https://www.reuters.com/world/us/us-supreme-court-ends-federal-residential-eviction-moratorium-2021-08-27/



The U.S. Supreme Court on Thursday ended the pandemic-related federal moratorium on residential evictions imposed by President Joe Biden's administration in a challenge to the policy brought by a coalition of landlords and real estate trade groups. The justices, who in June had left in place a prior ban that expired at the end of July, granted a request by the challengers to lift the moratorium by the U.S. Centers for Disease Control and Prevention (CDC) that was to have run until Oct. 3.

The challengers argued that the law on which the CDC relied did not allow it to implement the current ban. "It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts," the court said in an unsigned opinion. "If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it," the court added. The three liberal justices on the court, which has a 6-3 conservative majority, all dissented.

Link to tweet

The White House said it was disappointed by the decision and urged states, local governments, landlords and Cabinet agencies to "urgently act" to help prevent evictions. The high court had signalled in June that it thought the moratorium was on shaky legal ground, and that such a policy needed to be enacted by Congress rather than being imposed unilaterally by the executive branch. The CDC first issued a moratorium in September 2020 after a prior one approved by Congress expired, with agency officials saying the policy was needed to combat the spread of COVID-19 and prevent homelessness during the pandemic.

Under political pressure from Biden's fellow Democrats, his administration on Aug. 3 implemented a somewhat narrower eviction moratorium three days after the prior one expired. Liberal Justice Stephen Breyer said in a dissenting opinion that the outcome of the case was not as clear cut as the majority suggested and that the court was not justified in ending the moratorium so quickly at a time when COVID-19 cases are surging. "The public interest strongly favors respecting the CDC’s judgment at this moment, when over 90 percent of counties are experiencing high transmission rates," Breyer wrote.

Link to tweet

snip


read more

https://www.reuters.com/world/us/white-house-calls-urgent-action-prevent-evictions-after-supreme-court-decision-2021-08-27/

[Xoan]

1. Unsigned opinions should be ignored.

[Casady1]

2. No surprise

Most supreme court justices came from
large law firms which always represents big business. Only a handful represent the average person. RBG and Thurgood Marshall are the exception.

[Dustlawyer]

3. They NEVER appoint a plaintiff attorney who has represented victims.

Even Democrats appoint corporate friendly justices. They may be socially liberal but always pro business.

[Casady1]

5. I agree only RBG and Marshall

did not work in the big business law firms.

[andym]

4. The SC signaled this earlier, which was why Joe Biden was hesitant issuing the renewed moratorium

And when he did issue it, he acknowledged it might be overturned.