The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
In this new podcast produced by the Pioneer Institute, a Massachusetts-based think tank, interviewer Joe Selvaggi and I discuss the Biden administration's revised version of the federal eviction moratorium, and the issues it raises. Among other things, I explain why the new version of the moratorium has virtually all the same flaws as the original one first adopted under the Trump administration and later extended by Biden, and consider the recently filed Takings Clause lawsuit against the original moratorium (which could readily apply to the new one, as well).
I also note the large number of court decisions addressing the legality of the original moratorium, most of which went against the federal government. Like co-blogger Jonathan Adler, I think it's a mistake for commentators to focus too much on the badly flawed and somewhat aberrational pro-moratorium ruling by the DC Circuit.
Litigation on the revised moratorium is ongoing, and I expect we will begin seeing some court decisions on it in the near future.