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 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Defenders of the CDC eviction moratorium predicted a "tsunami" of evictions would happen if the policy were rescinded.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."
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.
The agency will be extending its controversial eviction moratorium through the end of June.
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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.
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.
Congress' extension of a federal ban on evictions does little to address the legal problems with the policy.