What just happened is sobering.
Despite multiple lines of contrary law, the Biden White House federalized state rental laws – by unconstitutional executive authority on July 31. Whether struggling building owners, renting to those unable to pay, can be forced to carry that debt – by a 5-4 Supreme Court decision this year – is settled law. Absent a federal statute, they cannot. Yet in an extraordinary act of executive usurpation, Biden ignored the law – and mandated no evictions. See, e.g., Opinion: The CDC’s eviction moratorium is almost certainly illegal.
Review law and facts. For reasons constitutional and prudential, landlord-tenet law is left to States. Except for federal statutory prerogatives like anti-discrimination, Congress has no enumerated powers here. If states’ rights exist – and if the 10th Amendment means anything – landlord-tenet relations are not a federal matter. To the point, they are not a presidential matter.
States live with different circumstances, conditions, and expectations in this area, which is why they have their own laws, legal standards, practices, protections, and case law. See, e.g., Landlord-Tenant Laws of the US. Only in rarest circumstances could the federal government preempt such longstanding states’ rights – and then only by statute.
In sum, that is what happened last year. An “arguably unprecedented” statute got passed when COVID began. Section 4024 of the 2020 CARES Act provided a temporary moratorium on evictions… for tenants … with federal assistance …” The emergency statute was “designed to alleviate the economic and public health consequences of tenant displacement during the COVID-19 outbreak,” but also represented an “arguably unprecedented action by the federal government in an area of law that, largely, states and localities traditionally govern.”
Lawsuits were immediately filed. See CARES Act Eviction Moratorium.
Fast forward to late June 2021, when the Supreme Court decided a case, Alabama Assn. of Realtors v. HHS, on a 5-4 decision. In that decision, Justice Kavanaugh made clear that no executive extension of Congress’ unusual eviction moratorium would be legal. He made clear that CDC and the White House – recall he was once a White House Counsel – could not temporarily or in any other way extend the statutory moratorium. See SUPREME COURT OF THE UNITED STATES.
The Supreme Court’s ruling was plain. Federal usurpation of state landlord-tenet laws – by an executive extension of the eviction moratorium – would be unconstitutional. The Court presumed Congress would act, or moratorium expires in July, so it did not end it. The ruling was clear.
What else enters this picture? Key facts.
Biden acknowledged that an executive extension – either by CDC or White House – would be facially unconstitutional, so he could not issue one. He pressed Congress to pass a statute, which would extend the prior moratorium. They did not.
That left him in a political quandary. Legally, Biden, his White House Counsel, and every Democrat on the Hill knew an executive extension was illegal – worse, unconstitutional. Incredibly, they did it anyway.
That is where we are. The original federal eviction ban expired on July 31, 2021. Biden decided politics was more important than respecting the law, an ominous turn. He decided to ignore longstanding State and Federal precedent, established legal principles, textual States’ rights, and the US Supreme Court. Even liberal media outlets were somewhat agog. See, CDC announces new eviction ban, despite Supreme Court threat; Biden’s Rebuff to Supreme Court on Eviction Ban Will Backfire; Opinion: The CDC’s eviction moratorium is almost certainly illegal; Brett Kavanaugh’s Eviction Lesson.
All this is more significant than meets the eye. If the Biden White House can knowingly promote a direct slap in the face of the US Supreme Court, brazenly ignore prevailing law, violate presumptive States’ rights, the Constitution’s text, and an express Supreme Court ruling – where are the limits? What are the clear parameters? What will they not do?
As an Assistant Secretary of State for George W. Bush, I saw examples all over the world of rogue, unruly, reprehensible executive authorities – on left and right – willing to violate the law, disparage, intimidate, and ignore their judicial branches, including their Supreme Courts. Never did I imagine a US President ignoring the US Supreme Court on any pretense – let alone knowingly, for crass political gain, in full light of day. Yet, that is what we seem to be seeing.
To be clear, an executive decision – at the top – to do what is presumptively illegal, or worse by Supreme Court precedent unconstitutional, is arresting. That is what appears to have happened. To take such executive action says a great deal more. It betrays a temperament within this White House, a willingness to ignore other institutions of government. It betrays disrespect for the States, the Constitution, the rule of law, and the People. That is sobering.
After vowing to uphold the constitution in January, this could be viewed as an act of treason, and thus Mr. Biden should be removed from office. At the least impeachment proceedings should begin.
And what about the media?
They should have been talking about this day and night over and over.
Just like they did with the Russian collusion.
This should suprise no one.Biden doesn’t care about the Constitution,nor does any democrat.
Lie and ignore – tactics of the Left – and dictators.
RBC,
Please name me one socialist or communist leader of a nation that has been concerned with what the courts have to say on just about anything. They all either ignore the court rulings or they simply dissolve the courts and replace them with reconstituted courts consisting of political puppets that just rubber stamp the edicts of the leader. Your own experience in the State Department validates that point.
We really do need to stop pretending everything is just fine and that somehow the Biden administration will at some point cease implementing their radical agenda. They won’t. Look at who makes up most of the high-level positions within this administration and then tell me or anyone, with a straight face, that they are “moderates” concerned with the rule of law. We both know what they really are and they are acting exactly as you would expect their type to act. The only real question is how long will the American people just sit idly by and allow this type of activity to continue? So far I don’t see much in the way of any push-back. If this type of activity is allowed to continue long enough, there won’t be much of a country left to salvage.
This administration will continue to steamroll everything through as fast as they can, no matter what the courts say. The people running this administration are fully committed to achieving the complete transformation of the United States that Obama laid out in 2008, but couldn’t complete because they wanted to re-make everything within the confines of what our constitutional system allows. He didn’t originate the concept of transforming the United States from within, he was just arrogant enough to publicly articulate it in public. That slowed them down and prevented them from doing even more damage than they succeeded in doing at the time. They have since learned from the last time the Democrats had complete control of the Legislative and Executive branches of government and they seem intent NOT to repeat the same mistake of working within the boundaries of the system that they did before.
Anyway, an overall good article on the subject and yet another example of how the left is getting away with trashing the rule of law in order to advance a political objective. If nothing else, it provides a degree of education to those out there that don’t keep track of what is going on in their own country and endlessly wonder “How could this have happened?” over and over again.
So what haooens now?
Didn’t he swear an oath to uphold the constitution? I would think this is an impeachable offense.
As long as people continue to get free rent, free money, unemployment without paying taxes, why should they return to work. Our government is not only wearing blinders but ignoring the true purpose of unemployment and rent assistance on a TEMPORARY basis. Those of us with the integrity to have returned to work are going to carry the burden for those who prefer sitting home watching the soaps or going fishing. At 82 I am tired of carrying that obligation.
This is just the beginning … wait until the 2022 elections, and how they really
ignore the courts.
I don’t blame the former vice president for ignoring the Supreme Court. The Supreme Court has abdicated their duties on ANYTHING that might be controversial since the 2020 election. If the Supreme Court has taken itself out of the picture why would any puppet let them interrupt his puppet master’s plans? The former vice president has already taken an office he is NOT ENTITLED TO HOLD! Why let a neutered judiciary block his path, it’s only other people’s money after all.
Loopy Joe has always ignored little things like the constitution, Supreme Court, Bill of Rights, and the known desires of Americans. But he’s good with socialist/globalist anti-freedom junk. Of course, he doesn’t know what he’s for or against until his handlers tell him what to say when on camera. I cannot help but wonder how much longer the socialist/globalist party will let Loopy Joe “lead” us through the fog before pulling his plug.
Treason and impeachable. But, articles of impeachment can only begin in the House of Representatives. Do you think for a single moment that Nancy Pelosi will allow that to happen to Creepy Joe? However, if Republicans can win the House in 2022 elections, then the winners would be seated in 2023, and such a bill of impeachment could be passed. But, even if Biden could be removed from office, that makes Kamala Harris become president. A shuddering thought.
People that rent should be responsible & at least try to pay part of their rent. This is turning into a real mess in a lot of areas —if housing costs are rising —Spokane,WA has raised a lot of rents from 700 to 1100 a month & retired people on Social Security cannot afford this. Another bad thing on news is that owner cannot evict tenants & some have turned rentals into drug houses or trashed the house beyond repairs & have now left the house without paying anything for a year.
His Highness does what ever HE pleases. He executes executive orders that are NOT within the enumerated powers provision of Our Constitution! Benito Mussolini was Notorious for such acts and Joe Stalin RULED by such edicts…. and people died!
Now We The People HAVE an addled brain President and HIS consort occupying The White House and the Halls of Government.
TYRANNY and TYRANTS can ONLT be dealt with in ONE WAY!
Our Civil Rights under the Second Amendment provides just such an avenue to Liberty and Freedom!
When is someone going to do something about the criminals in DC. Biden blatantly BROKE THE LAW and in essence, laughed in the face of the Supreme Court. Someone with guts needs to bring charges against Joe Biden. If you or I broke broke a law or tried to evict a non-paying tenant, they’d have a list of charges against us as long as Biden’s ego.
Is that not grounds for impeachment?
What the left is doing here is illegally siding with tenants, a majority, against landlords, the minority, and its all for a few votes which is their motivation for everything the left does. It’s all about political power and not really about anyone’s benefit except their own. They’ve been playing that game for decades and it keeps getting more blatant and worse.They don’t give a flying fig about the harm they are doing to landlords because there are more votes for doing the wrong thing. We all know they only enforce the laws they favor and ignore the laws they don’t favor, although ignoring the SCOTUS is as bad as I’ve seen. They keep pushing the envelope. It would be an impeachable offense except the GOP does not have the numbers in Congress to impeach or to make it stick.
Progressives don’t FEEL any need to follow the law if it interferes with their ideology. Obama’s Attorney General Eric Holder said he would not defend the laws that HE FELT were unconstitutional. Not surprising that Biden FEELS the same way.
Landowners are on the way out. Our civilization is nearing the end. More people receive money and services from our government than pay into it. If we allow “the vote” to determine the future of America, then there is no future for America. Our nation of laws–a Republic, becomes a democracy–mob rule. Biden (his rulers) is the leader of the mob.
So biden ignores the orders of the Supreme Court? Is this not an impeachable offense? What will be the liberal demonRats argument? “well, biden isn’t the legitimate President so he can’t be impeached”
“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” The Presidential Oath of Office.
There are three branches of the Federal Government with equal power in the Constitution, how can a President ignore the ruling of the highest court and not be held accountable?
He’s pandering to the illegals and welfare population & is hell bent on sucking every last dime from hard working citizens.
Trump was impeached on false and blown up charges. Now the President blatantly violates the constitution, states rights and his oath of office and not one word from Congress. Yes, we do have a serious problem in Washington that the people need to address. Write your representatives today, tomorrow and every day till they start to do their jobs.
As I have a hard time believing that Joe actually understands what he’s doing, much less remembers such a recent verdict, I’ll blame his staff for this overreach
Everyone is complaining, but nobody is doing anything about it. And nobody will, so it is all just noise, even from AMAC. Forget impeachment; we know that would not happen even if there was a super majority of Republicans (i.e. Democrat-lite) in both houses of Congress. What SHOULD happen? The Supreme Court should issue a cease and desist order under threat of arrest for contempt of court. If they do not do that, they will be shown to be the paper tigers they are, and there will be no reason to EVER follow a decision of the Supreme Court in the future.
Reading the comments, all I read is complaints and criticism. How many of you are watching and supporting the Cyber Symposium, to help save our country, Mike Lindell is sponsoring on frankspeech.com, and broadcasted on OAN. He is putting his money where his mouth is in calling out the 2020 election steal, and the role of MSM, Twitter and Facebook. He is very passionate about doing whatever he can to save our country, but because of the lack of support from the 75+ million Trump voters I feel it will all be in vain> He needs our encouragement and support. His efforts are the only tangible attack against the establishment that I know of! We all need to get on board.!
Does this surprise anyone that Joe O’Biden would ignore the SCOTUS and acting like his mentor Barack would just dream up an executive order that’s totally unconstitutional and expect the order to be law?
Biden should be impeached, now!
If Biden broke the law… intentionally to boot, why is he not subject to arrest? I know presidential privilege but this is a constitutional breaker by him… he needs to be ousted of those privileges. Arrested and tried
So, when did ANY Democrat politician care about what is legal and what is not? Unless, of course, that politician was denigrating a Republican…
Tenant is the correct spelling of the “renter”. Tenent, in short, in a sort of belief.
reasons constitutional and prudential, landlord-TENENT law is left to States.
It is all FAKE, everything this BOZO has done thus far will be REVERSED…We have an illegal administration that was NOT lawfully elected into office, therefor he CANNOT be impeached, period.
Through the act of both domestic & foreign election inference, the CCP of China has made their ultimate penetration into America…The nation of China is currently running the United States of America through fraudulent means…The nation of China has been infiltrating America for decades now & currently their spy networks are EVERYWHERE, schools, colleges, high tech industries, space agencies, all ( 3 ) branches of US gov’t is now compromised as well as the majority of courts, both lower & upper, including district courts, all the way to SCOTUS…The faux potus was in bed with the CCP of China long before his puppet masters managed to rig the 2020 US Presidential Election & the Georgia Senate Election…
” We have it all… ” Four words to remember folks. There is a reason why retired General Michael Flynn’s brother is still the Army Commander of the Western Pacific, along with key Admirals within the navy docked off the waters of mainland China & don’t forget our submarines with ICBM’s locked & loaded… The enemy couldn’t react fast enough to deal with the onslaught sitting just off their shores…I’m talking about a part of the military that has always & will continue to be OFF LIMITS to the current occupiers in Washington, DC…This applies closer to home too, the real Patriots within our military…
I repeat, we have it all, our military has been monitoring everything, long before the stolen election actually occurred…
Each passing day, more & more intel is being collected on the DS traitors within & I believe very quietly arrests are being made, both domestically & across the globe, out of public purview for the good guys will NEVER show their hands on what is probably the largest sting operation in the history of man…
They are all going down & at the right moment, our military will take over the running of our nation until at their request, they install civilian leadership as per the US Constitution… We will get our nation back & all of this dystopian b******t will come to an end, all of it.
God bless America as we are still that last beacon of light the entire world depends on… :~)
Bill on the Hill… :~)
If this is illegal why is it happening? Why aren’t laws being followed? Sounds like the whole DC crew should be fired!
Illegal mandates need not be followed nor enforced.
If I were a landlord, for every tenant that had a clogged toilet, dripping faucet, or broken window, I would give them the phone number of the White House and have the usurper in the Oval Office fix it.
We all know that what he did is an impeachable act, but the cowards in Congress will take no actions against him. They will instead allow a mentally challenged President carry their water and the media will burybit b
Biden is a fool. Always has been. He is so far out of it, he is dementia clueless!! Whoever is behind him is the power who thinks they are above the SC. I could go on and on about what Dems have gotten away with. We all know what evil exists and where!
As much as I despise Biden I also hate what would follow, Harris get rid of her and we get Pelosi. So which one do you choose?
This just another power grab by the Biden White House. It is unconstitutionally, so where is the hullabaloo that should be taking place?
Something has to be done to force illegal Biden to follow the Supreme Courts decisions. Representatives get off you butts and STOP this. If he is allowed to do it this time he will just keep doing it. Again our Constitution is being destroyed.
Biden had…and still has…a great teacher…when it comes to disobeying the law…this type of behavior doesn’t surprise me…
And all the people, said “NO”. We ignore, whether our representation acts, or not. In the words, of Rand Paul on an unrelated issue, “They can’t arrest all of us.”. We follow the law anyway, with force if necessary.
It’s the beginning of the slippery slope. Ignor one law, how many more will follow?
Why isn’t he being arrested, hE is a citizen of the U.S.A. and anyone else would be. Someone can make a citizen’s arrest since the attorney general has been bought off.
we were smooth sailing with Trump … Biden is not presidential material … in fact … none of the democrats in Congress are !!!
Democrats have gotten away with everything from killing people, which the vaccines are doing to some, that democrats do whatever they want because there’s no justice for their illegal stunts. Look at democrats mandating vaccines that are experimental therefore not legal. Who cares, democrats want to control people so they force it w/o supposed to be legally doing that. The wicked media covers up medical complications and some people even dying from taking these illegal jabs. I wouldn’t put it past these wicked democrats to sterilize people with these phony vaccines. CCP, public schools, big tech, liberal run companies are all on this wicked bandwagon. Look at the phoniness of climate change. China, and India are pumping CO2 into the environment nonstop. Many in these countries have been wearing masks for years because the air is so polluted. They have coal power plants going up nonstop. We have these electric cars, trucks, etc. which is a big hoax. It takes more energy to make, run and dispose of the waste then fuel oil ever does. People are swallowing this garbage thinking they are saving the environment. All along your being boondoggled by the democrats and your going to lose your freedoms. It’s all about controlling you and stealing your freedoms!!!
Is there no statute to prohibit this blatant disregard for law by Pres. Biden? Is the Attorney General responsible for stopping this move?
IMPEACH?
IMPEACH, THERE IS A REAL REASON FOR IT TO BE DONE.
I think it is wrong for the owners to not get paid their rent money as is stated in the original document signed by the renter and rentee. This never should have been started in the first place regardless of the out come to those not paying.