The US Supreme Court has ruled that the CDC does not have the authority to do a moratorium on evictions. The High Court is allowing evictions to resume throughout the country. The Court blocked the Biden administration from enforcing the temporary eviction moratorium. We’ll just have to wait and see if this lawless administration will comply with the Court’s ruling.
“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” the majority wrote in an unsigned opinion.
The Centers for Disease Control and Prevention order that was handed down earlier this month temporarily blocked property owners from being able to evict tenants unable to pay their rent from residential properties located in counties with substantial or high transmission of COVID-19.
The court said that “the CDC has imposed a nationwide moratorium on evictions in reliance 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.”
In other words, CDC director Rochelle Walensky did something she didn’t have the power to do by violating the Separation of Powers. According to the US Constitution, only the Congress can create laws. The CDC is part of the Executive branch and they can only “execute” the law. This is also why DACA was 100 percent unconstitutional the minute it was created by the lawless President Barack Obama.
The CDC issued the new order, which had been written to remain in effect through October 3, right after the previous eviction moratorium was set to expire.
This latest moratorium applied to counties with high COVID-19 cases, while the past moratorium had applied to the whole country, according to the New York Times.
The three radical leftist Supreme Court Justices dissented from the majority’s move. Of course they did. They are radical leftists and do not believe in private property rights.
“The Centers for Disease Control and Prevention (CDC) has issued an order that, in light of the rise of the COVID–19 Delta variant, temporarily prohibits certain evictions in high-transmission counties through October 3. Today, this Court, as an emergency matter, without full briefing or argument, blocks that order by vacating a lower court’s stay. I think the Court is wrong to do so, and I dissent,” Justice Stephen Breyer wrote. He was joined in the dissent by Justices Sonia Sotomayor and Elena Kagan.
“The National Apartment Association (NAA) has long held that the CDC’s eviction moratorium is unlawful and is pleased with the U.S. Supreme Court ruling striking down the order,” NAA President and CEO Bob Pinnegar said in a statement. “The government must move past failed policies and begin to seriously address the nation’s debt tsunami which is crippling both renters and housing providers alike. Only by moving past moratoriums can we ensure America’s 40 million renters have affordable homes today, tomorrow and in the future.”
The thing no one wants to talk about is the CDC illegally created the moratorium so that landlords were not allowed to evict tenants who weren’t paying their rent, but they did not block the banks from being able to go after the property owners not being able to make their mortgage payments because the government told people they didn’t have to pay their rent. That’s probably because the banks are big donors to the Democratic Party.
I wish we could go back to the days when the Congress created the laws, the Executive branch only enforced the laws, and the Judiciary didn’t make laws but decided if a law held up to the stands set by the US Constitution. I think 99 percent of our country’s problems would go away over a short period of time.
Rich is a conservative, syndicated opinion writer and owner of MAGA-Chat.com. He writes about politics, culture, liberty, and faith.
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