President Biden told Democrats that the Supreme Court was likely to overturn its two-month extension of the rental eviction ban, and he was right. On Thursday night, a 6-3 majority sharply berated his abuse of executive power.
Courts eight page unsigned notice lifts a district court on its own injunction and makes it unequivocal that the Centers for Disease Control and Prevention is not anywhere near having the legal authority to ban evictions. The owners “not only have a substantial probability of success on the merits, but it is difficult to imagine them losing,” the court wrote.
Justice Brett Kavanaugh joined Chief Justice John Roberts and the Three Liberals in June in upholding the suspension, but in a brief notice he said he agreed the CDC had overstepped its authority. He wanted to give the president more time to distribute rent aid or Congress to pass legislation extending the ban.
Mr Biden knew this, but used the overtime to buy time to deflect criticism from the left after a previous CDC extension expired on July 31. Although the judges did not quote Mr Biden, the forceful opinion makes it clear that they noticed how he abused their tolerance. .
“The CDC has imposed a national moratorium on evictions based on a decades-old law that allows it to implement measures such as fumigation and pest extermination,” the court said. “It puts a strain on gullibility to believe that this law grants the CDC the broad authority it claims.” According to the government’s argument, there is no principle limiting the authority of the CDC.