1. The Biden administration claims it lacks the legal authority to extend the CDC eviction moratorium, which expired Saturday.
It says a Supreme Court ruling prevents them from extending it.
This is absolutely false.
Follow along if interested.
popular.info/p/the-eviction…
It says a Supreme Court ruling prevents them from extending it.
This is absolutely false.
Follow along if interested.
popular.info/p/the-eviction…
2. A group of landlords sued the CDC over the eviction moratorium, put in place during the Trump administration
A federal district court found that the moratorium was unconstitutional but the ruling was stayed
The landlords appealed to the Supreme Court
popular.info/p/the-eviction…
A federal district court found that the moratorium was unconstitutional but the ruling was stayed
The landlords appealed to the Supreme Court
popular.info/p/the-eviction…
3. The Supreme Court voted 5 to 4 to leave the stay in place. Which allowed the CDC moratorium to continue until it expired on July 31.
So what's the issue?
The White House is focusing on a concurring opinion by Justice Kavanaugh.
popular.info/p/the-eviction…
So what's the issue?
The White House is focusing on a concurring opinion by Justice Kavanaugh.
popular.info/p/the-eviction…
4. In his concurring opinion, Kavanaugh says that Congress would need to pass a law for the CDC to extend the moritorium.
But that issue was not before the court.
IT HAS NO LEGAL AUTHORITY.
There is a term for this kind of opinion: DICTA.
popular.info/p/the-eviction…
But that issue was not before the court.
IT HAS NO LEGAL AUTHORITY.
There is a term for this kind of opinion: DICTA.
popular.info/p/the-eviction…
5. As a legal matter, the CDC has the exact same authority it did in September 2020 when the moratorium was initially put into place.
Might an extension eventually be struck down by SCOTUS. Maybe! But the administration doesn't need to assume so.
popular.info/p/the-eviction…
Might an extension eventually be struck down by SCOTUS. Maybe! But the administration doesn't need to assume so.
popular.info/p/the-eviction…
6. Kavanaugh said he was voting to keep the moratorium in place to give states more time to distribute emergency rent assistance funds.
But the vast majority of those funds still haven't been distributed.
Also, the ruling was made before Delta.
popular.info/p/the-eviction…
But the vast majority of those funds still haven't been distributed.
Also, the ruling was made before Delta.
popular.info/p/the-eviction…
7. There are other things that the administration could do to present a different fact pattern to SCOTUS.
For example, the CDC could require landlords to distribute info on how to protect themselves from Delta 30 days before initiating an eviction
popular.info/p/the-eviction…
For example, the CDC could require landlords to distribute info on how to protect themselves from Delta 30 days before initiating an eviction
popular.info/p/the-eviction…
8. This would effectively extend the moratorium 30 more days while presenting the court a very different fact pattern.
But either way, the administration could act.
They are choosing not to.
Millions could soon face eviction.
popular.info/p/the-eviction…
But either way, the administration could act.
They are choosing not to.
Millions could soon face eviction.
popular.info/p/the-eviction…
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