President Biden’s Lawless Eviction Ban When D
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Posted On: 08/04/2021 11:23:51 PM
President Biden’s Lawless Eviction Ban
When Donald Trump took action that exceeded his authority, all of Washington erupted in protest. Yet that is exactly what President Biden did Tuesday, when his Administration reissued a nationwide eviction moratorium after the White House had argued at length that it lacked legal authority to do so. The Beltway response? Crickets.
“The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster,” Mr. Biden admitted Tuesday. That was only hours before the Centers for Disease Control and Prevention issued its renewed eviction ban. “But at a minimum,” Mr. Biden said, “by the time it gets litigated, it will probably give some additional time while we’re getting that $45 billion out to people who are, in fact, behind in the rent and don’t have the money.”
Many Presidents have overstepped their authority, but this is premeditated lawlessness. The government has been slow to distribute pandemic relief funds to renters. Now to buy time and silence Democratic critics, Mr. Biden has signed off on an order that he admits he can’t defend in good faith.
The CDC’s original eviction ban, issued last September under President Trump, was extensively litigated before it expired on July 31. Five federal courts, including an appellate panel at the Sixth Circuit, ruled against it. A few courts went the other way, saying that landlords hadn’t met the burden required for a preliminary injunction. But the judicial score was lopsided against the moratorium.
In justifying the ban, the government cited the Public Health Service Act of 1944. To halt disease, that law says the CDC may require “inspection, fumigation, disinfection, sanitation, pest extermination,” and so forth, with a final catchall phrase for “other measures.” The feds argued this was enough legal authority. But the gap between “fumigation” and “other measures” isn’t big enough for the government to shove in a ban that applies to nearly every residence in America, punishable by a year in jail.
https://www.valenews.co.uk/opinion/president-...ction-ban/
PSAKI DISMISSES CONCERNS OVER LEGALITY OF BIDEN’S RENEWED EVICTION MORATORIUM
The Centers for Disease Control and Prevention drafted a new eviction moratorium to protect tenants in counties with “substantial and high levels of transmission” of COVID-19, which amounted to almost the entire country. The Supreme Court stipulated last year, though, that the CDC could only be extended if given authority by Congress; Justice Brett Kavanaugh specifically argued unilateral extension by the CDC would be unconstitutional while siding with keeping it in place through its July expiration.
Biden admitted to reporters Tuesday that the “bulk of constitutional scholars” said it wasn’t legal and it was simply a ploy to buy time to allocate monies to renters and leasers. While the Washington Post”s Aaron Blake cringed at Biden’s logic – “a heck of a way to do the country’s business” – Collins said Biden had “averted a humanitarian crisis.”
“Politically, the spectacle of potentially millions of Americans being turned out of their homes would be an impossible one for any White House, let alone a Democratic administration built on the principle of using government power to alleviate the plight of poorer Americans. So, Biden had to do something,” he wrote.
He added it was a “viable political strategy” to pass blame onto Republicans if citizens were eventually booted out of their apartments and complained that the Supreme Court was “specifically constructed to counter the aspirations of an activist liberal government.”
https://www.thewashingtontime.com/cnn-blasted...llegality/
When Donald Trump took action that exceeded his authority, all of Washington erupted in protest. Yet that is exactly what President Biden did Tuesday, when his Administration reissued a nationwide eviction moratorium after the White House had argued at length that it lacked legal authority to do so. The Beltway response? Crickets.
“The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster,” Mr. Biden admitted Tuesday. That was only hours before the Centers for Disease Control and Prevention issued its renewed eviction ban. “But at a minimum,” Mr. Biden said, “by the time it gets litigated, it will probably give some additional time while we’re getting that $45 billion out to people who are, in fact, behind in the rent and don’t have the money.”
Many Presidents have overstepped their authority, but this is premeditated lawlessness. The government has been slow to distribute pandemic relief funds to renters. Now to buy time and silence Democratic critics, Mr. Biden has signed off on an order that he admits he can’t defend in good faith.
The CDC’s original eviction ban, issued last September under President Trump, was extensively litigated before it expired on July 31. Five federal courts, including an appellate panel at the Sixth Circuit, ruled against it. A few courts went the other way, saying that landlords hadn’t met the burden required for a preliminary injunction. But the judicial score was lopsided against the moratorium.
In justifying the ban, the government cited the Public Health Service Act of 1944. To halt disease, that law says the CDC may require “inspection, fumigation, disinfection, sanitation, pest extermination,” and so forth, with a final catchall phrase for “other measures.” The feds argued this was enough legal authority. But the gap between “fumigation” and “other measures” isn’t big enough for the government to shove in a ban that applies to nearly every residence in America, punishable by a year in jail.
https://www.valenews.co.uk/opinion/president-...ction-ban/
PSAKI DISMISSES CONCERNS OVER LEGALITY OF BIDEN’S RENEWED EVICTION MORATORIUM
The Centers for Disease Control and Prevention drafted a new eviction moratorium to protect tenants in counties with “substantial and high levels of transmission” of COVID-19, which amounted to almost the entire country. The Supreme Court stipulated last year, though, that the CDC could only be extended if given authority by Congress; Justice Brett Kavanaugh specifically argued unilateral extension by the CDC would be unconstitutional while siding with keeping it in place through its July expiration.
Biden admitted to reporters Tuesday that the “bulk of constitutional scholars” said it wasn’t legal and it was simply a ploy to buy time to allocate monies to renters and leasers. While the Washington Post”s Aaron Blake cringed at Biden’s logic – “a heck of a way to do the country’s business” – Collins said Biden had “averted a humanitarian crisis.”
“Politically, the spectacle of potentially millions of Americans being turned out of their homes would be an impossible one for any White House, let alone a Democratic administration built on the principle of using government power to alleviate the plight of poorer Americans. So, Biden had to do something,” he wrote.
He added it was a “viable political strategy” to pass blame onto Republicans if citizens were eventually booted out of their apartments and complained that the Supreme Court was “specifically constructed to counter the aspirations of an activist liberal government.”
https://www.thewashingtontime.com/cnn-blasted...llegality/
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