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.
Eviction Moratorium
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.
The Pandemic Is Over. California's Pandemic-Era Eviction Protections Are Getting Extended.
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.
Missouri Lawmakers Propose Ban on Eviction Bans
A series of bills introduced in the state Legislature would prohibit city councils and county courts from adopting their own eviction moratoriums.
OSHA's Vaccine Mandate Illustrates the Perils of Reflexively Deferring to Government Experts
The question for the Supreme Court was not whether the policy was wise but whether it was legal.
The Eviction "Tsunami" that Wasn't
Defenders of the CDC eviction moratorium predicted a "tsunami" of evictions would happen if the policy were rescinded. That hasn't happened.
One of the Country's Last Eviction Moratoriums Is Struck Down
Plus: Quarantine requirements for international travelers, Fed Chair Jerome Powell says it's time to stop calling inflation "transitory," and more...
When Lawyers Make Things Worse - Housing Edition
A study suggests that "right-to-counsel" in eviction cases actually leads to greater homelessness.
The Eviction Tsunami That Wasn't
A month after the Supreme Court struck down the CDC's eviction moratorium, eviction filings remain well below pre-pandemic averages.
How the CDC Became America's Landlord
Pandemic bans on evictions were supposed to be a temporary measure, but politicians keep extending them.
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.
What Fear Does to Our Freedom
COVID-19 and 9/11 both created opportunities to restrict our liberties in the name of keeping us safe.
Biden Admits He Can't Mandate Masks. Why Does He Think He Can Mandate Vaccines?
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.
Crises Bring Out the Toddler in Power-Hungry Politicians
Thwarted politicians rant, pout, and are outraged by anybody who pushes back.
Biden Keeps Pushing Dubious Arguments for CDC Supremacy
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.
Supreme Court Says Private Property Rights and Separation of Powers Do Still Exist in U.S.
Plus: Biden won't budge on Afghanistan, bad news for psychedelics measure in California, and more...
D.C. Circuit Denies Motion to Block CDC Eviction Moratorium (Updated)
Next stop, Supreme Court?
Why Do People Keep Overlooking the Sixth Circuit?
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.
"This Is No Way to Rule a Country"
If an eviction moratorium is needed, why wouldn't the legislature try to enact one?
Is the CDC's Eviction Moratorium a Third Amendment Violation?
The Third Amendment Lawyers Association argues in a recent amicus brief that the federal eviction ban requires landlords to quarter soldiers.
Eviction Moratorium Madness
The Reason Roundtable discusses property rights, vaccine passports, and media ethics.
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."
Should Taxpayers Be on the Hook for All Rental Debt Accrued During the Pandemic?
A new lawsuit from landlords argues that the CDC's eviction moratorium was a taking, and that they're entitled to compensation.
Australia Is the Canary in the Coal Mine of Eroding Liberty
Without a Bill of Rights, the land down under quickly goes where America may eventually follow.
Federal Appeals Court Sneaks in One Final Ruling Against the CDC's Expiring Eviction Moratorium
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.
New Treasury Data Shows That the Rollout of Emergency Rent Relief Continues to Be a Hot Mess
Congress approved $25 Billion in emergency rental assistance in December. Only 6 percent of that money has been spent so far.
Why Didn't COVID-19 Kill the Constitution?
We can thank judges who were prepared to enforce constitutional limits on public health powers.
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.
Did Congress Give the CDC More Authority Than the President?
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
The CDC Eviction Moratorium Is Extended for a 4th Time
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.
New York Becomes the Latest State to Drop Its COVID Restrictions
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.
A 5th Federal Court Has Struck Down the CDC's Eviction Ban
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.
Federal Regulators Require Rent Collectors To Lie About the CDC's Illegal Eviction Moratorium
The Consumer Financial Protection Bureau claims to be enforcing a law that prohibits "false or misleading representations."
Ayanna Pressley Wants To Cancel the Rent. She's Also Made at Least $15,000 As a Landlord.
The Massachusetts Congresswoman is a two-time supporter of the Rent and Mortgage Cancelation Act.
The CDC vs. the Constitution
The Founders could not have possibly imagined the Commerce Clause covering an eviction moratorium.
The CDC Keeps Extending Its Illegal Eviction Ban
The agency will be extending its controversial eviction moratorium through the end of June.
CDC Can't Force Landlords To Provide Free Housing, Says Court
Plus: Mexico moves closer to legalizing marijuana, Facebook fights monopoly allegations, and more...
COVID-19 Edicts Highlight the Importance of Structural Limits on Government Power
The national eviction moratorium and Arizona’s business restrictions were based on dubious assertions of authority.
Federal Court Strikes Down CDC's Controversial Eviction Ban as Unconstitutional
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.
One of Biden's First Actions In Office Will be To Exercise Powers He Admits He Doesn't Have
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.
Eviction Moratoriums Are Transforming From Emergency Stopgaps to Permanent Programs
A growing number of states are enshrining eviction moratoriums into laws that won't expire until well into next year.
COVID Relief Bill Includes $25 Billion in Rental Assistance, 1-Month Extension of the CDC's Eviction Moratorium
Congress' extension of a federal ban on evictions does little to address the legal problems with the policy.