"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country," Gorsuch wrote. That might be an exaggeration, but it isn't far off.
The former president reminds us that claiming unbridled executive power is a bipartisan tendency.
A controversial "good cause" eviction bill that would cap rent increases could be included in a budget bill that must pass by April 1.
Officials used the crisis to impose policies they already supported but couldn't get through the normal legislative process, like bans on evictions.
Landlords say that nearly three years of eviction moratoriums is forcing some property owners out of the rental business entirely.
But it does so on the ground that the moratorium was never properly "authorized," not because a moratorium could never be a taking.
Now that the pandemic is fading and much of the available rent relief has been spent, L.A.'s eviction moratorium seems like pure regulatory inertia.
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
Clarifying the agency's authority could impede future power grabs.
The court based its decision on the US Supreme Court's 2021 decision in Cedar Point Nursery v. Hassid.
A.B. 2179 would stop some local-level eviction moratoriums from going into effect, while leaving untouched ones that have been in place since the beginning of the pandemic.
The eviction moratorium and Title 42 "public health" expulsion cases have many parallels that may have been ignored because of their differing ideological valence. Both strengthen the case for nondeferential judicial review of the exercise of emergency powers.
A series of bills introduced in the state Legislature would prohibit city councils and county courts from adopting their own eviction moratoriums.
The question for the Supreme Court was not whether the policy was wise but whether it was legal.
Defenders of the CDC eviction moratorium predicted a "tsunami" of evictions would happen if the policy were rescinded. That hasn't happened.
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A study suggests that "right-to-counsel" in eviction cases actually leads to greater homelessness.
A month after the Supreme Court struck down the CDC's eviction moratorium, eviction filings remain well below pre-pandemic averages.
Pandemic bans on evictions were supposed to be a temporary measure, but politicians keep extending them.
The Keeping Renters Safe Act would give bureaucrats a blank check to ban evictions during future outbreaks.
COVID-19 and 9/11 both created opportunities to restrict our liberties in the name of keeping us safe.
Biden's sudden embrace of a federal vaccine requirement seems inconsistent with his acknowledgment that he cannot mandate every COVID-19 precaution he'd like people to follow.
Thwarted politicians rant, pout, and are outraged by anybody who pushes back.
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
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Next stop, Supreme Court?
Contrary to what some claim, the Sixth Circuit was the first federal appellate court to issue a ruling on the merits of the CDC eviction moratorium.
If an eviction moratorium is needed, why wouldn't the legislature try to enact one?
The Third Amendment Lawyers Association argues in a recent amicus brief that the federal eviction ban requires landlords to quarter soldiers.
The Reason Roundtable discusses property rights, vaccine passports, and media ethics.
The new eviction moratorium applies to the 90 percent of counties in the U.S. where the spread of COVID-19 is "substantial" or "high."
Thanks to the Supreme Court's decision in the Cedar Point case, this suit has much better odds of success than previous takings challenges to eviction moratoria.
A new lawsuit from landlords argues that the CDC's eviction moratorium was a taking, and that they're entitled to compensation.
Without a Bill of Rights, the land down under quickly goes where America may eventually follow.
Circuit Judge John K. Bush accuses the federal government of laying claim to "near-dictatorial powers."
It could, if it actually had the vast public health powers that the Biden administration claims it does.
Congress approved $25 Billion in emergency rental assistance in December. Only 6 percent of that money has been spent so far.
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
The federal government's ban on the removal of non-paying tenants was supposed to expire on June 30. It'll now run through July 31.
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Crashing website and impenetrable government bureaucracy greet the tenants and landlords trying to access billions in federally funded rent relief.
The latest ruling from the a U.S. District Court in D.C. finds the agency vastly exceeded its powers in banning landlords from trying to evict non-paying tenants.
The Consumer Financial Protection Bureau claims to be enforcing a law that prohibits "false or misleading representations."
The Massachusetts Congresswoman is a two-time supporter of the Rent and Mortgage Cancelation Act.
The Founders could not have possibly imagined the Commerce Clause covering an eviction moratorium.