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re: CDC announced another eviction moratorium per Fox8

Posted on 8/3/21 at 6:17 pm to
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
52044 posts
Posted on 8/3/21 at 6:17 pm to
quote:

Thanks Kav for being a spineless POS.


He drank whatever Kool-Aid Roberts was giving him.

quote:

I agree with the District Court and the applicants that the Centers for Disease Control and Prevention exceeded
its existing statutory authority by issuing a nationwide eviction moratorium.
See Utility Air Regulatory Group v.
EPA, 573 U. S. 302, 324 (2014). Because the CDC plans to end the moratorium in only a few weeks, on July 31, and
because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated
rental assistance funds, I vote at this time to deny the application to vacate the District Court’s stay of its order.
See Barnes v. E-Systems, Inc. Group Hospital Medical & Surgical Ins. Plan, 501 U. S. 1301, 1305 (1991) (Scalia, J., in
chambers) (stay depends in part on balance of equities); Coleman v. Paccar Inc., 424 U. S. 1301, 1304 (1976)
(Rehnquist, J., in chambers). In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.


LINK

I mean... how fricking stupid can he be? He agreed the CDC overstepped its authority by issuing the moratorium but then said "hey, since it's almost up it can stay." That's an in-fricking-sane precedent. How does someone on the Court even take that into consideration?

And then he tosses out some wide-eyed naivete with their needing "clear and specific congressional authorization (via new legislation)" to extend it. They are extending it without any new legislation.

Now it's got to go back to court all over again.
This post was edited on 8/3/21 at 6:18 pm
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 8/3/21 at 6:18 pm to
quote:

Now it's got to go back to court all over again.


If I were a landlord I would just proceed, assuming a State court isn't stopping the process. Let them sue and seek an injunction, they would first have to kick out to federal court.

Than all you have is incomplete notice without the ability of having an administrative hearing.

This would actually all have to go back to the administrative level i.e. agency hearing.

This post was edited on 8/3/21 at 6:22 pm
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