The Supreme Court has Become a Council of Kings

August 11, 2021 By John Green

In this month's edition of "let's kill the Constitution," we have the CDC's eviction moratorium as the next demonstration that no one in our government feels compelled to comply with the Constitution anymore......... The moratorium required that property-owners allow others to squat on their property, without compensation, for over a year.  It was clearly a violation of constitutionally protected property rights.  It restricted what property-owners could and could not do with their own property, without compensation or due process. 

A minority comprising Justices Thomas, Alito, Gorsuch, and Barrett held that the CDC does not have the authority to impose an eviction moratorium — even during a time of pandemic.  Justice Kavanaugh agreed with this minority but then voted with Justices Roberts, Breyer, Sotomayor, and Kagan to allow the moratorium to stand.

Justice Kavanaugh wrote the majority opinion.  His rationalization was that the CDC did not have the authority to impose the eviction moratorium, but that the Court would allow it to stand, given that it was going to expire in 30 days anyway.  He gave the Executive Branch permission to violate the Constitution for another month...........To Read More....