Civic Register
| 8.27.21

Supreme Court Rejects Biden Admin's Extension of Eviction Moratorium

Do you agree or disagree with the Court’s ruling?

What’s the story?

  • The Supreme Court on Thursday rejected the Biden administration’s effort to extend the federal eviction moratorium without authorization from Congress after the Court previously warned that a non-legislative extension would be unconstitutional.
  • Biden previously said of his moratorium extension that the “bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster” but opted to have the Centers for Disease Control and Prevention (CDC) attempt to extend it anyway through October 3rd.
  • In a June 29th ruling, the Court declined to take up a challenge to the eviction moratorium because, at the time, the CDC was planning to allow it to expire on July 31st. Justice Brett Kavanaugh wrote at the time, “In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”
  • Thursday’s ruling broke 6-3 along ideological lines, with the conservative justices writing in an unsigned per curiam opinion, which took issue with the Biden CDC’s effort to interpret the law to justify requiring landlords to allow tenants to remain on the premises without paying rent:
“The applicants not only have a substantial likelihood of success on the merits — it is difficult to imagine them losing. The Government contends that the first sentence of §361(a) gives the CDC broad authority to take whatever measures it deems necessary to control the spread of COVID–19, including issuing the moratorium. But the second sentence informs the grant of authority by illustrating the kinds of measures that could be necessary: inspection, fumigation, disinfection, sanitation, pest extermination, and destruction of contaminated animals and articles. These measures directly relate to preventing the interstate spread of disease by identifying, isolating, and destroying the disease itself. The CDC’s moratorium, on the other hand, relates to interstate infection far more indirectly: If evictions occur, some subset of tenants might move from one State to another, and some subset of that group might do so while infected with COVID–19. This downstream connection between eviction and the interstate spread of disease is markedly different from the direct targeting of disease that characterizes the measures identified in the statute. Reading both sentences together, rather than the first in isolation, it is a stretch to maintain that §361(a) gives the CDC the authority to impose this eviction moratorium...
Indeed, the Government’s read of §361(a) would give the CDC a breathtaking amount of authority. It is hard to see what measures this interpretation would place outside the CDC’s reach, and the Government has identified no limit in §361(a) beyond the requirement that the CDC deem a measure “necessary.” Could the CDC, for example, mandate free grocery delivery to the homes of the sick or vulnerable? Require manufacturers to provide free computers to enable people to work from home? Order telecommunications companies to provide free high-speed Internet service to facilitate remote work? This claim of expansive authority under §361(a) is unprecedented. Since that provision’s enactment in 1944, no regulation premised on it has even begun to approach the size or scope of the eviction moratorium...
It is indisputable that the public has a strong interest in combating the spread of the COVID-19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends. It is up to Congress, not the CDC, to decide whether the public interest merits further action here. If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.”
  • Justice Stephen Breyer was joined by Justice Sonia Sotomayor and Justice Elena Kagan in dissent. Breyer’s opinion concluded that the CDC’s extension of the moratorium should stand until the Court grants the matter a full hearing and argument:
“The public interest strongly favors respecting the CDC’s judgment at this moment, when over 90% of counties are experiencing high transmission rates. That figure is the highest it has been since at least last winter. It was in the single digits when we considered the CDC’s previous moratorium order and denied applicants’ earlier motion.
On applicants’ last trip to this Court, they argued that the “downward trend in COVID–19 cases and the effectiveness of vaccines” left “no . . . public-health rationale for the [CDC’s then-operative eviction] moratorium.” These predictions have proved tragically untrue. Today they show just how little we may presume to know about the course of this pandemic.
Applicants raise contested legal questions about an important federal statute on which the lower courts are split and on which this Court has never actually spoken. These questions call for considered decisionmaking, informed by full briefing and argument. Their answers impact the health of millions. We should not set aside the CDC’s eviction moratorium in this summary proceeding. The criteria for granting the emergency application are not met. I respectfully dissent.”


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— Eric Revell

(Photo Credit: Supreme Court: iStock.com / YinYang | Eviction: iStock.com / Vyacheslav Dumchev)

  • 3,863
    Ronald
    11/07/2021

    Justice Stephen Breyer was joined by Justice Sonia Sotomayor and Justice Elena Kagan in dissent. Breyer’s opinion concluded that the CDC’s extension of the moratorium should stand until the Court grants the matter a full hearing and argument: “The public interest strongly favors respecting the CDC’s judgment at this moment, when over 90% of counties are experiencing high transmission rates. That figure is the highest it has been since at least last winter. It was in the single digits when we considered the CDC’s previous moratorium order and denied applicants’ earlier motion.

  • 458
    Linda
    11/02/2021

    You know, it's all well and good to pretend that landlords are taking it in the shorts because they still have to make their mortgage payments but they are unable to collect rent with which to pay the mortgage. Cry me a river. ALL of you overcharge because you are totally ungoverned by any rules. You should have been putting away that enormous profit for the lean times - isn't that what you people tell your tenants? Supreme Court will rule in favor of any corporation, wealthy individual or insane religious group because they are all at least one of those things.

  • 340
    Bill
    10/29/2021

    There are better ways of protecting the truly needy from eviction than a moratorium that may force so many hardships and foreclosures on middle class landlords. One way would have been to devote some of the Billions of dollars we are wasting on nonsensical radical left programs to provide payment assitance to help those at risk of eviction, and landlords with difficulty in paying their mortgages and upkeep on their rental properties. Could easily have been done at minimal taxpayer expense by requiring landlords to accept temporary rent reductions and requiring banks to extend mortgage terms with slightly lower interest rates/income.

  • 7,797
    DaveS
    09/10/2021

    You’re mandated to ware a seat belt, child car seat and other vaccinations. If it was not sad, it be funny, the unvaccinated, the corona virus deniers, religious beliefs, freedom of choice and conspiracy theories that mainly unvaccinated are 90% who are in the hospital and dying. You are playing Russian roulette, one on getting corona virus plus ending up in a hospital and two dying, plus affecting others and children. You stand your ground and May be you will be denied access to hospitalization Soto it being full, why should the taxpayers pay for you, maybe you should just walked it off. Unvaccinated have eleven times more likely to die.

  • 118
    SpyderNut
    09/03/2021

    The country needs to get back to normal. Enough “power play”

  • 79
    Randall
    09/02/2021

    Good choice they no longer need any additional benefit

  • 65
    JasonS
    08/31/2021

    This should have been handled differently from the start. Why not give money directly to renters? There has to be a better way to help them. The current policy hurts small-time landlords and the constitution doesn't allow the executive branch to take such actions by fiat. Too many of the actions taken by the federal government during the pandemic have aided the elites at the expense of the little guy.

  • 138
    A David
    08/31/2021

    This is a Congressional duty, an emergency short term measure by the Executive may have been in order, we are a year and a half in, Congress, do your damn job.

  • 706
    Dan
    08/31/2021

    The CDC doesn't have the authority and if Nanny Pelosi wasn't fixated on another witch hunt, aka the January 6 commission, the Congress could/should have got something done. It's their job, not the SCOTUS. What's amusing in some of these comments are the particular long winded ramblings of Dimocrats accusing conservatives of their own guilty persuasions. If you want to deflect from your own perversions, accuse someone else of doing it. If not for double standards...

  • 665
    verymary
    08/30/2021

    More abject cruelty from the Trump Supreme Court. "Kick 'em while they're down."

  • 3,405
    Adel
    08/31/2021

    The illegally seated Supreme Court is not representing the people or the law. Time for them to go!

  • 592
    Joseph
    08/30/2021

    Republicans = Seditionists = Liars = Fear = Control = Illusionary Power = Treason BLM! Defund the police state! YES to vaccines! YES to H.R.1 & H.R.4! Climate change is real! YES to Term Limits! YES to reparations! YES to FDR’s Second Bill of Rights! YES to Aaron’s Law & CFAA reform! END America’s Plutocracy — Bring back Democracy One Person One Vote! A vote for Trump & Trumpublican cult is a vote for: despotism, racism, lying, cheating, misogyny, treason, white nationalism, an end to a Free Press & objective justice — a lit path to fascism to be sure!

  • 276
    JediJ
    08/30/2021

    The Admin had clear warning that the CDC did not have authority to do this. It is good the court put a stop to this but is concerning they took this action despite knowing they had no legal basis.

  • 22
    RileyMcleanc
    08/30/2021

    I absolutely think the eviction moratorium should be extended but I think the court was correct in saying that this decision is up to Congress. I hope that my representatives will vote to continue protecting people from homelessness in this pandemic

  • 41.9k
    jimK
    08/28/2021

    Anybody else want to see the filibuster killed so we can take care of the people instead of just the elite. The Republican Faction had no problem eliminating the filibuster to stuff the courts with right wing justices. They had no problem eliminating the filibuster to appoint a Supreme Court justice a few days before their trump thing was to leave office. They have no problem with killing voting rights legislation with a filibuster with no debate, no compromise and no official record of how individual Republican Senators would vote on legislation to protect the core tenant of a democracy - the right of the people to vote and their right to have their vote be counted without any political interference. Yet, the Democrats refuse to dump the anti-democratic filibuster to protect the right of everyone to have a vote. … … … Again, it is high time for Biden and Democratic leadership to have a come-to-Jesus moment with Manchin and Sinema and at least protect the passage of HR1 by eliminating the filibuster for this legislation. Further, we need to see the filibuster at least neutered from the one-and-done effortless procedure it currently is. Kind of a transparency in government thing to prevent legislators from acting in their self-interests without having to be on the record for not supporting legislation overwhelmingly supported by the electorate, including a majority of Republican voters. … … … Yes, the full HR.1 package includes transparency of Senator’s benefactors instead of being hidden in the shadows and I am sure that scares many of them. Tough shit; You work for us and not for your benefactors. … … … Fix this or watch the Republican Faction continue their very undemocratic rigging of elections on our way to a full autocracy pledged to the will of the king trump thing. If the Democrats cannot control the House and Senate the future of our country really looks grim. … … … Do not let them get away with stifling legislation needed for and strongly supported by the people that you are elected to represent; Just use a plain old democratic majority vote. Pass voting rights legislation and protections for those facing eviction. Win the midterms and begin to fix the inhumane conservative Supreme Court. Otherwise, continue to take shots for what you need to do and give the Republican Faction the ability to claim that you got nothing done. … … … Really getting tired of our government being stifled and watching our country’s legacy continually being sacrificed to greed and protection of the wealthy few.

  • 25.8k
    Frank_001
    08/29/2021

    Now it’s up to each state. You can easily predict which states will help the people or cater to the Banking & Real Estate industries. I heard that NYS’ new governor is calling back the NYS Legislature to do something. We’ll see what. Have anyone heard or read what other states are doing? Reporting has been underwhelming.

  • 503
    Mrcaptdrnuts
    08/29/2021

    Housing is a human right and should be protected constitutionally.

  • 217
    Douggie76
    08/29/2021

    Expand the court!!! Biden needs to Appoint for more judges on the supreme court immediately!!!!! This 6 to

  • 36
    Benjamin
    08/29/2021

    We have to stop acting like the pandemic has ended. Evictions will only cause a new crises.

  • 109
    Robbie
    08/29/2021

    What have people been doing with the money apparently not what needed to be done .