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Sobering – Biden Ignores Supreme Court

Posted on Wednesday, August 11, 2021
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by AMAC, Robert B. Charles
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142 Comments
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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.

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bob
bob
2 years ago

And where are the republicans? He’s disobeyed the courts on Evictions and DACA.. and not a peep from the republicans.

Lee S McQuillen
Lee S McQuillen
2 years ago

Looks like we have a dictator in charge folks! He’s over and above the US Supreme Court now…. Buckle down – it’s going to be a rough ride.

Sandra
Sandra
2 years ago

This is going to be the next housing market crash. Landlords are running out of money to keep up with the mortgages that they rely on rent to make payments. Forclosures are in the forecast.

Bill Scanlon
Bill Scanlon
2 years ago

And now it is mid-August, I have not heard of 9-0 court decision finding the CDC director in contempt. I have not heard of a warrant being issued for his arrest. I have not heard of 535 members of congress signing a joint resolution saying Oh Hell No You Don’t! Understand they all know what HE Did. They are all political COWARDS. This is how dictators are born. You just take it. Until someone gets killed and then you ring your hands and say he was deranged. DO YOUR JOBS.

Liam
Liam
2 years ago

It is said that a self-proclaimed prophet allegedly prophesied sometime during the1800s that the U. S, Constitution would one day hang by a thread. It appears that person—prophet or not—may not have been far off the mark with his alleged prophesy. We currently have what appears to a second illegitimate president holding that office.. If this latest defiance of a Supreme Court decision made by this current illegitimate president DJB (Dopey Joe Biden) is allowed to stand, it appears as though the so-called prophesy by this would-be prophet may in fact, be fulfilled. Our Constitution will not only be hanging by a thread, it will have been shredded.

Rich
Rich
2 years ago

I doubt that uncle Joe actually knows what the Supreme court does. The liberal socialists will not support any law that does not fit their agenda. With these folks at the helm, this ship will go down. The days of doing what’s best for America are over. Only God can save us now. If we fail in 2022, well……it doesn’t take a rocket scientist to figure it out.

Dave Smith
Dave Smith
2 years ago

Why is any of this surprising to any American? Liberals hide behind the Constitution that Americans have served and defended for centuries now. They don’t care what’s written on it, they only know it as the only courage they can muster. They have no honor, certainly no convictions except power at any cost. Twice this garbage made up lies to smear the only man who threatened their power and showed this country we don’t need politicians, we need Americans, yet in the face of multiple crimes against America and it’s people the liberals are silent and even arrogant that Americans and their beliefs are below them. Why? Because they serve their desires…power at all cost! People should never fear their government, governments should ALWAYS fear their people!

Liam
Liam
2 years ago

If this is allowed to stand, then the Constitutional United States is over. John Adams was correct in his statement that “our Constitution was made for a religious and moral people. Government by any other is wholly inadequate.” Kiss our free(?) republic good bye. I’m thankful that I’m in my sunset years and will out of here soon, but my heart bleeds for my posterity and all those others that follow me. Methinks the not too distant future in this world is going to be pure “HELL.”

Jerry
Jerry
2 years ago

Why have a Supreme Court if a dictator does not obey?

Linda Scheer
Linda Scheer
2 years ago

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.

Danny Shelly
Danny Shelly
2 years ago

IMPEACH?

Bernadette Hicks
Bernadette Hicks
2 years ago

Is there no statute to prohibit this blatant disregard for law by Pres. Biden? Is the Attorney General responsible for stopping this move?

Wakeup
Wakeup
2 years ago

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!!!

Peg
Peg
2 years ago

we were smooth sailing with Trump … Biden is not presidential material … in fact … none of the democrats in Congress are !!!

Jerry Wilson
Jerry Wilson
2 years ago

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.

Jane
Jane
2 years ago

It’s the beginning of the slippery slope. Ignor one law, how many more will follow?

Rhonda M Holub
Rhonda M Holub
2 years ago

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.

Raesheila
Raesheila
2 years ago

Biden had…and still has…a great teacher…when it comes to disobeying the law…this type of behavior doesn’t surprise me…

Jim Jolly
Jim Jolly
2 years ago

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.

Joan
Joan
2 years ago

This just another power grab by the Biden White House. It is unconstitutionally, so where is the hullabaloo that should be taking place?

Ardyne
Ardyne
2 years ago

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?

Pat
Pat
2 years ago

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!

Greg
Greg
2 years ago

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

P2burner
P2burner
2 years ago

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.

Joan g
Joan g
2 years ago

Illegal mandates need not be followed nor enforced.

George Carter
George Carter
2 years ago

If this is illegal why is it happening? Why aren’t laws being followed? Sounds like the whole DC crew should be fired!

Bill on the Hill
Bill on the Hill
2 years ago

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… :~)

Tina Brinkman
Tina Brinkman
2 years ago

reasons constitutional and prudential, landlord-TENENT law is left to States.

Tina Brinkman
Tina Brinkman
2 years ago

Tenant is the correct spelling of the “renter”. Tenent, in short, in a sort of belief.

Jesse Tiede
Jesse Tiede
2 years ago

So, when did ANY Democrat politician care about what is legal and what is not? Unless, of course, that politician was denigrating a Republican…

Steven
Steven
2 years ago

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

Carol
Carol
2 years ago

Biden should be impeached, now!

AjB
AjB
2 years ago

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?

Felix
Felix
2 years ago

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.!

Phil M
Phil M
2 years ago

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.

Dave
Dave
2 years ago

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

Peter
Peter
2 years ago

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.

Betsy t
Betsy t
2 years ago

He’s pandering to the illegals and welfare population & is hell bent on sucking every last dime from hard working citizens.

Felix
Felix
2 years ago

“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?

Michael Tomaino
Michael Tomaino
2 years ago

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”

Red Hawk 1
Red Hawk 1
2 years ago

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.

Larry W
Larry W
2 years ago

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.

Wayne Peterkin
Wayne Peterkin
2 years ago

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.

Sharon Ormsby
Sharon Ormsby
2 years ago

Is that not grounds for impeachment?

Ed
Ed
2 years ago

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.

JOHN
JOHN
2 years ago

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!

JohnH
JohnH
2 years ago

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.

toprudder
toprudder
2 years ago

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.

CoNMTX
CoNMTX
2 years ago

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.

Michael Taylor
Michael Taylor
2 years ago

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.

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