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.
If the CDC's Mask Mandate Is 'Necessary for the Public Health,' Why Didn't the DOJ Seek a Stay To Restore It?
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
The DOJ Is Reluctant To Continue Defending the CDC's Mask Mandate Because It Worries It Will Lose Again
Clarifying the agency's authority could impede future power grabs.
Eighth Circuit Rules Eviction Moratoria are Likely to be Takings Requiring Compensation Under the Fifth Amendment
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.
My New Article on "Nondelegation Limits on COVID Emergency Powers: Lessons from the Eviction Moratorium and Title 42 Cases"
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.
The question for the Supreme Court was not whether the policy was wise but whether it was legal.
Plus: Quarantine requirements for international travelers, Fed Chair Jerome Powell says it's time to stop calling inflation "transitory," and more...
Progressive Democrats Propose Eviction Moratorium Far More Sweeping Than the One the Supreme Court Struck Down
The Keeping Renters Safe Act would give bureaucrats a blank check to ban evictions during future outbreaks.
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.
Critics of the SCOTUS Decision Against the CDC's Eviction Moratorium Might Miss the Rule of Law When They Need It
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Plus: Biden won't budge on Afghanistan, bad news for psychedelics measure in California, and more...
Next stop, Supreme Court?
The Third Amendment Lawyers Association argues in a recent amicus brief that the federal eviction ban requires landlords to quarter soldiers.
After Claiming It Didn't Have the Power To Impose A New Eviction Moratorium, the Biden Administration Imposes a New Eviction Moratorium
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."
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."
If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can't It Impose a Nationwide Vaccine Mandate?
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.
At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway.
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.
Plus: Dispensaries give out free joints to the vaccinated, the Biden Administration cracks down on "extremists," and more...
The Federal Government Has Spent $46 Billion on Emergency Rental Assistance. The Rollout Has Been a Hot Mess.
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.
Plus: Mexico moves closer to legalizing marijuana, Facebook fights monopoly allegations, and more...
The national eviction moratorium and Arizona’s business restrictions were based on dubious assertions of authority.
A nationwide ban on evictions is well outside the congressional power to regulate interstate commerce, ruled U.S. District Judge J. Campbell Barker on Thursday.
Biden's willingness to extend a nationwide eviction moratorium, while declining to mandate masks nationwide, demonstrates a worrying inconsistency in his views on presidential powers.
Biden's Recovery Plan Would Extend the Federal Government's Extraordinary Eviction Ban Through September 2021
Eviction bans were enacted as an emergency public health measure. They’re quickly becoming a permanent policy.
A growing number of states are enshrining eviction moratoriums into laws that won't expire until well into next year.