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Supreme Court Versus White House – Battle Royal

Posted on Wednesday, September 1, 2021
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by AMAC, Robert B. Charles
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113 Comments
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A battle royal is brewing between the Biden White House and Supreme Court. For the second time in a week, the Court has slapped the White House down. First, the Court upheld a reversal of Biden’s immigration policies, saying they were “capricious.” Now, after Biden ignored a June ruling, the Court is blocking Biden’s extended “eviction ban.” A battle of Titans looms. 

The latest exchange of blows looks like this. In response to COVID, unprecedented restrictions hit the public, affecting individuals, schools, small businesses, landlords, tenets. We all felt the impact. One change was a temporary “moratorium on evictions,” aiming to help jobless tenets.  

Like elections, policies have consequences. One predictable consequence of the elongated ban on evictions was that small landlords began going under. Many landlords are – in the end – just small businesses. On cue, this started happening in 2021, continues to this month.  See, e.g., ‘The eviction moratorium is killing small landlords,’ says one, as ban is extended another month; UNPAID RENT IS PILING UP. LANDLORDS CAN’T HOLD ON FOREVER; How Eviction Moratoriums Are Hurting Small Landlords—and Why That’s Bad for the Future of Affordable Housing

To survive, a group of Alabama landlords sought help – from the Supreme Court. They asked that the White House be stopped from unconstitutionally extending the eviction ban – driving them under. In June, the Supreme Court agreed, saying “the administration did not have the legal authority to extend an emergency order that Congress had adopted.” 

The High Court held: “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.” Those words are very clear, with no executive extension.  See SUPREME COURT OF THE UNITED STATES

Stunningly, acknowledging his likely constitutional breach, Biden used his executive pen – to unilaterally extend the federal eviction moratorium, anyway. He literally ignored the Court. Legal scholars split between shock and imagining this act as an outlier. 

See, e.g., President Biden’s extension of the eviction moratorium is unconstitutional and he knows it

The truth is, Biden’s provocative, incontrovertible violation of the Supreme Court directive is a matter of consequence – a knowing violation of “separation of powers.” Wrote seminal political philosopher Barron de Montesquieu, on whom our Founders relied, “there is no liberty if the judiciary power be not separated from the legislative and executive.” It is also dangerous, as it sets the precedent of an executive ignoring the Supreme Court’s 200-year-old province to “say what the law is.”  See Marbury v. Madison

Now, the battle is heating up. 

After the White House chose to ignore the Supreme Court ruling, the Court has spoken again. Far from shrugging, letting this constitutional violation, distaste for separation of powers, or institutional misunderstanding go unchecked, the Court has spoken.   

Having ruled in June that neither the White House nor Centers for Disease Control (CDC) could further impair the livelihood of landlords by executive order, and legislation would be constitutionally necessary, the Court just reaffirmed – striking down the Biden eviction moratorium extension.

Interestingly, the Biden White House knew – and stated for weeks – that the executive order would be unconstitutional, but when Congress did not act, they did it. The audacity of such a move is notable, likely reinforcing the Court’s sense that a reversal was urgent. Dismissing Biden’s limp plea that “unexpected” events permitted violation, the Court rebuffed him. 

While liberal Justice Breyer, no doubt hoping to assuage leftist calls to resign, dissented, the majority stood up for the High Court’s prerogatives – namely, judicial review. 

Specifically, the High Court upheld a lower court that found the Public Health Service Act does not permit the executive to issue a “nationwide evictions moratorium.” 

In a broadside at the Biden White House, the majority wrote that “it strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”  

Biden knew in August the extension did not “pass constitutional muster.” He even issued it, saying, “by the time it gets litigated, it would probably give some additional time ….”  

In other words – intentionally dishonor the Constitution – and just violate the law now, buying some political advantages, and prepare to get slapped down later. There, by the Grace of God, goes an example of what honor and integrity are not. 

So, where are we now? Well, this round is over – and the White House lost, or lost on the law, even if they feel they got some political points by violating the law. 

Three big issues loom. 

First, this episode suggests more to come – and a simple, undeniable, and indefensible disrespect for a vital, constitutional, collateral branch of our federal government, the judiciary. 

The rule of law frays on such actions.

Second, this sequence implies another battle coming, the Biden Administration’s inclination – and Congressional Democrat disposition – to “pack” the Supreme Court, that is, to disrespect the American People, the historic nine-member standard of 150 years, and advance leftist politics above honor and “rule of law,” adding leftists.

Third, the Biden White House battering of this venerable institution, in effect seeking to delegitimize the High Court – is working in Democrat circles as the din and chant grow to push leftist politics over judicial review, even now capturing local politicians. 

Incredibly, Biden continues fanning the flames of those seeking to undermine, delegitimize, and dishonor the Supreme Court, pushing local governments to disregard the Court’s ruling and pumping local Democrat pols to back him. See, e.g., RENTING FURY Biden calls on cities to IGNORE Supreme Court block on eviction moratorium as NYC’s de Blasio calls judges ‘extremists’; Gov. Hochul plans special session in Albany over COVID ‘eviction crisis’

The disgrace of all this is that the Supreme Court is – even now – largely non-political, a judicially divided but legally- and historically-focused institution, one of the few remaining federal institutions that retains credibility in our buffeted Republic.  

For President Biden – and Congress – to consciously demean the High Court is beyond the pale, below the belt. 

A battle royal is brewing. One can only imagine if the day comes when Roe v. Wade is reversed, what happens next. In all events, let us continue to honor the history and respect the High Court. 

Our Republic depends on it.   

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Steven H
Steven H
2 years ago

Biden and the Ass (Donkey) Party have shown for quite some time that they do not care about the Constitution or Rule of Law. Their sole goal is to get and maintain power by any and all means. Their motto should be “By hook or by crook”. Unfortunately, it seems many the Republican Party are okay with the abuses the Ass Party is committing. The Federal Government has become too politicized, from those elected to those appointed. They run roughshod over those they have sworn to serve and protect because they have forgotten what their duty is. I fear that too many of our fellow citizens have become so indoctrinated to the Socialist ideology that it is too late to change the tide in the voting booth.

Elle
Elle
2 years ago

What happened to “No one is above the law “?

Drue
Drue
2 years ago

if this is not an Impeachable offense, I don’t know what is. Blowhard Biden has stepped over the executive line. He should be impeached for ignoring the supreme court. President Trump was impeached over false accusations and still people dog him on that. Biden does it in front of God and everyone and not a peep from congress. They should be ashamed. But then, they have no shame.

Charles Garretto
Charles Garretto
2 years ago

Would deliberately ignoring Supreme Court rulings constitute High crimes and misdemeanors? He has ignored this ruling and so far the immigration rulings.

Karen
Karen
2 years ago

That man has gone against the constitution and has broken many laws and I don’t understand how he gets away with it The idiot should be arrested for Treason and put in front of a firing squad.
Forgive me Lord.

Bill on the Hill
Bill on the Hill
2 years ago

A knowing violation of ” Separation of Powers ” by Biden & fellow Democrats. Well apparently our beloved SCOTUS takes a different stance on Election Integrity with respect to the Executive & Legislative branches of government changing election laws, don’t they?
They, i.e. SCOTUS allowed for the theft of the 2020 US Presidential Election by refusing ALL of the legal election fraud evidence presented to them, calling it ” No Legal Standing ” to the Trump legal teams, The Giuliani team & lastly the state of Texas with other states signed onto it, ALL denied under ” No Legal Standing. ” I think it is safe to say folks, that SCOTUS has LOST any & all relevancy because they rule only on what fits their liberal leaning narrative… What they did to Donald J. Trump in the STOLEN 2020 election is right out there in front of everybody to see, first hand…The entire world has seen it too, sadly enough…:~(
What was allowed to happen here is commonplace in Banana Republics to our immediate south & now The United States of America has become an esteemed member of that club & using those very same tabulating machines & associated software, imagine that…Here we are, the rest is history…
Watch the Arizona audits folks, ignore the False Flags, keep your eyes on the prize, it’s coming…
Bill on The Hill… :~)

FedUp
FedUp
2 years ago

Funny, if I disobeyed a court, I’d be fined, probably arrested, and spend some time behind bars. Joe basically “flips off” the supreme court and there’s no consequences. Biden is not above the law and should face the same consequences as any other citizen who ignores the laws/courts.

Jim
Jim
2 years ago

Keep the high Cort political balance!!Well put.

Jorge L Rios
Jorge L Rios
2 years ago

This is all part of their plan, they WANT to get as many small indipendent landlords out of the way so as to create a big demand for “affordable housing” so that gives them an excuse to borrow more trillions to build government housing in the suburbs.

Jeff Allen Shull
Jeff Allen Shull
2 years ago

Why would Biden listen to the court? He is lawless. Clueless, feckless and dumb. He has lost his mind and his handlers know it. Hell he can’t even read a script with out reading the scene directives. “I have a list here I’m supposed to call on”. “It says here not to take anymore questions” Idiot.

J. Shenk
J. Shenk
2 years ago

Karl Marx taught that “the ends justify the means”. No one should be surprised by this man’s conduct. Respecting rule of law is an antiquated concept for enlighened Marxists such as our so called “moderate” Democrat President Joe Biden.

John D. Beach
John D. Beach
2 years ago

Democrats are all about causing and allowing the power of impossibility to overturn the rule of law. That is, there must be no rule of law which stands in the way of the satisfaction of human needs which perpetuates the power to do so. To eliminate the concept of cost and consequence should, seemingly,
compel a choice to deny them as the rule of law. Logical reaction to this should be a chain of crime supplanting any benefit of valuable transaction. Democrats should not wonder why we believe they are, criminally, insane.

andrew
andrew
2 years ago

This Administration AND the Democrats have no respect or regard for OUR CONSTITUTION, so they ignore it. I agree with the Court and think it is time to STOP the attack on our FREEDOMS!

Garye
Garye
2 years ago

Thank You Mr. Charles another very informative article on this dishonest, politically motivated, and anti American administration.
These entitled , self serving traitors, seek to destroy Our Country, Constitution,history and deny Citizens God given rights!
We the People must expose,reject and remove ALL of them for crimes against America.
No more of this destructive chaos can be tolerated by the Citizens.
Who the hell do these failures think they are???
Where are the Republicans screaming out daily about these illegal and destructive actions??
If their are any with a backbone, they need to stand up and show America who they are!!

BAE
BAE
2 years ago

No one is above the law, except anyone in the democrat administration. Biden and his crew shameful!!

Kashoub
Kashoub
2 years ago

Impeach Biden 2022

R.J. from Arizona
R.J. from Arizona
2 years ago

The only thing left in this government with any integrity is SCOTUS. If the court goes,,,,it’s the end of our republic. Nothing else is left. The Congress, DOJ, legislative branch and it appears DOD have left us. God help us.

Jesse Tiede
Jesse Tiede
2 years ago

There may be some hope for the SCOTUS, after all! Now, if SCOTUS just makes the right ruling on the upcoming 2A case later this year…

Mlars01
Mlars01
2 years ago

Renters who refuse to keep up with their rent payments should be classified as squatters.

Patty Hanson
Patty Hanson
2 years ago

This comment is “NOT” a typical response to what is currently happening to the people and friends of our nation , both at home & those who have been “abandoned”… betrayed by this current self-serving D.C. administration …. unconscionably left to die an unthinkably horrific death at the hands of one of the worlds most brutally torturous enemies. HOW COULD ANYONE IN A POSITION OF SO MUCH RESPONSIBILITY DO SUCH A THING ????????????????????????????????
We are now in uncharted waters, unable to trust our government … more so now than ever before in our history as a nation.
While no human has ever been a ‘flawless’ leader… NEVER before has the USA had such “boldly lawless criminals” at it’s helm, all seeking to completely eliminate all vestige of “everything” which has made the USA the envy of the world, in particularly targeting The Constitution of these United States of America, which states and insures our rights & freedoms as American citizens.
The supporters of this “ANTI-American scourge” are encouraged, even required, to brazenly deny & denounce every possible trace of decent character which they may have formerly possessed, all quickly running to represent “good as being bad” and “bad as being good”…. Their endless lies, lawlessness, & violent actions in harming others being self-justified & (for now) not only going unpunished, but are rewarded for their destructive behavior. In the meantime, all manner of criminal activity is actively practiced and encouraged by this corrupt group of “governing bodies”, as their lying lips invoke the name of God in their vain efforts to “appear” righteous & justify the pain and suffering they inflict on the innocent. *THIS is what “reprobate minds” look like.
They advocate for things & actions which God Almighty calls vile, wicked, evil, etc. …. mocking and or ignoring His warnings directed toward them… “Woe be unto those” … who embrace and advance their “criminal evil workings” against their fellow humans and all which God calls good… and in doing so, against God Himself.
I may not personally live to witness it, but I know they will not win.
Those who have rejected God will reap what they’ve sown; for there is NONE who will ever claim victory over the will of God Almighty. Meanwhile, those who are steadfastly aligned with God’s will & sovereign plan for mankind… “must”, in all things, remain obedient to Him, and hold tight to a sound resolve to “endure to the end”.

.

LANNY BLYWEISS
LANNY BLYWEISS
2 years ago

I am surprised almost every day I read the AMAC daily news, thathe wa

Steve
Steve
2 years ago

And they called Trump Hitler??

D. Brown
D. Brown
2 years ago

Once the 2A gets suspended/removed, none of the other Amendments will matter.

D. Brown
D. Brown
2 years ago

You all see the battle has been started several months ago to destroy everything we hold dear? These ruling-class Elites don’t give a d@mn about you or me, so what are ya gonna do about it? Wait for our feckless RINOS to save us? LOL! I can count on ONE hand those willing to fight for us with a middle finger left over.

Charles Radliff
Charles Radliff
2 years ago

It seems to me that Biden should be cited for contempt of court, and at the very least have millions of dollars in fines levied against him- which he would not be able to pay from the Treasury, but from his own pocket. This would allow a recoup of the funds he’s been able to abscond with as a result of his corrupt dealings

Bob
Bob
2 years ago

This White house is unconstitutional and needs to be put back in it’s place. The Supreme Court has ruled and Biden must obey.

William Pat Cunningham
William Pat Cunningham
2 years ago

Proofread, people, proofread. The word “tenets” refers to opinions or laws. A “tenant” is somebody who rents property.

Tim Toroian
Tim Toroian
2 years ago

The left thinks that anybody who owns rental properties is a wealthy slum lord. The other thing they miss is thinking an economy will continue to produce at current levels even if they institute horse hockey controls and impositions.

Steven Meisels
Steven Meisels
2 years ago

We do not have a government. We have a traitorous regime.

Barb
Barb
2 years ago

The obvious is showing his ugly head….another reason to impeach.

Art
Art
2 years ago

WE HAVE BUREAUCRATS RUNNING THE UNITED STATES OF AMERICA!!!!!!!!!!!!!!!!!! YOUR VOTE COUNTS????? THANK YOU FOR ALLOWING ME TO LIVE HERE.

Davidme
Davidme
2 years ago

The Radicalized Far Left Fraudulent and Criminal President O’Biden Anti-American Regime cares less about the Rule Of Law, Our Constitution, Our Bill Of Rights then Their Evil Agenda To Bring Down and Destroy America !!!!!
Wake Up America, We Are In Very, Very Serious and Dire Danger “From Within” and From China, O’Biden’s Ally !!!!!

meritreader
meritreader
2 years ago

We had best get these two Nazi Killers out of our White House AND LIVES or we will not have a country to fight over soon. They are both Nazis, Kamala also. When did taking over our country be lawful when the two of them WERE NOT LEGALLY ELECTED? HOW CRAZY ARE WE GOING TO ALLOW PELOSI BEFORE WE THROW HER IN THE OCEAN?

Debra
Debra
2 years ago

Biden needs to be impeached along with most of the administration. This includes Kamala and Pelosi. All show complete disregard for law, the constitution and the people of this country

Steven
Steven
2 years ago

So now the Supreme Court gets a spine…where were they immediately following the election?
I’m sorry but I have no faith in them or the current communist administration. America needs a complete total reset, and it’s up to the American public to do so because no one else is going to.

Linda
Linda
2 years ago

I pray the Supreme Court votes life for all the unborn ????????????

jocko
jocko
2 years ago

libs = CANCER AND ARE THE ENEMY OF OUR NATION. LAWS MEAN NOTHING TO THE ANTI-AMERICAN, LYING, CHEATING, CANCEROUS libs. JUST LOOK AT KILLER hillary, comey, susan rice, schiff, clintons, obama, barr, holder, ETC., ETC

Amacer
Amacer
2 years ago

Our Constitution, as great as it is, is frail in one aspect: It requires a moral, ethical, and righteous populace. Unfortunately, this is where Americans are in descent. In my humble opinion, the decadence started back in the early 60s when prayer got banned from the classroom. A great number of people today are the byproducts of decades without God’s guidance. The current turpitude, if not reversed, will be the death knell of our country.

Dave
Dave
2 years ago

A chief executive failing to execute sworn duties is bad enough, but speaking in a way that not only flaunts a refusal to perform them but also discloses a partisan political strategy is the act of a moron. Sorry. Even if based in some emotional appeal, the job is the job. Basic. I think Joe Biden has lost his brain’s “filter” before his brain’s speech capability, but this is only headed to one place.

DJames
DJames
2 years ago

Patriots, Be advised the OBiden Socialist administration have no intention of honoring any Supreme Court decision. These traitors are proceeding to completely subvert the USA and put their heel on SCOTUS throat. Nothing less than a total dictatorship will satisfy their insatiable lust for greed and power. These Demonocrats and RINOS have the mark of Satan on them as do all Communists.

We need mass demonstrations ASAP !

J. Farley
J. Farley
2 years ago

Every time Biden steps out of line and try’s to shove an illegal act down our throats, The Supreme Court, needs to knock him and the Demonrats back down until they understand that the Courts and the American people will not stand for the destruction of the Constitution and our Sovereignty as a nation. We the citizens of the United States deserve to know who is coming into our Country, how long they plan to stay, when they plan to leave, and why are they here, no one has a right to be here unless we can properly vet them and locate them at anytime we choose, and if they violate the terms of their coming to America or our laws they will be subject to imprisonment or deportation or both.
God Save America !

DEAN
DEAN
2 years ago

sleepy joe and kameltoe weren’t elected they were installed just like a toilet!
TRUMP WON! follow the audits thru

Barb
Barb
2 years ago

All I have to say is…everyone who ‘voted’ for Biden should be hanging their heads in remorse. I pray every day for God to bring us through this dark time in our country.

Rik
Rik
2 years ago

Can the Supreme Court vote to replace this Presidentcy as incompetent and thus have them be replaced? If not, why not? A President CANNOT BE ALLOWED TO IGNORE THE LAW!

Jim widel
Jim widel
2 years ago

Biden is a traitor to America and needs to be punished as a traitor!

Jeff
Jeff
2 years ago

Ignoring U.S. Supreme Court Rulings is clearly an attack on LIBERTY. We must (emphasis added) stand shoulder to shoulder and prepare to take whatever action required to save our United States of America; I’m certain many of our fellow Americans saw this coming and, it will get worse. Impeachment(?) Kamala… brilliant strategy i.e. which is worse but, when choosing between the “lesser of the two evils” my choice is neither, inasmuch as, only a madman would choose EVIL.

Dolly
Dolly
2 years ago

Biden should never have been elected! I knew that while he was VP under the Obama reign that he was no more than a puppet on a string. Now as president he is the biggest idiot of a President that we have EVER had. I have heard talk of impeaching Biden and I would be all for it except for the fact that his predecessor would be as bad a choice for president as he is, probably worse, because she was never qualified either. I am absolutely shocked that our country would choose an incompetent over an outspoken and somewhat prideful, but completely qualified and proven President! God help us all if Biden remains in office! He is destroying us from within. Nothing that he has done has been for the betterment of our country and he does not speak nor act on the behalf of the American people! He is a huge disgrace!

John
John
2 years ago

How much more tolerant a conservative court is vs liberal. Congress and the media would be howling like a scalded dog if Trump defied a Supreme Court.

Jeff
Jeff
2 years ago

Your sharing functionality doesn’t work. When I try to share this on Facebook, it only links to the AMAC site generically, with no reference to this specific article.

Am I missing something?

David Neal
David Neal
2 years ago

Reading this article just confirms to me again that the Biden Administration has no regard for our Constitution and the Separation of Powers. As mature citizens of this great nation, we know what it feels like to live with true freedom. We must all continue to stand for conservative values and support the Constitution and the Separation of Powers. Our fore fathers knew what they were doing when they set up checks and balances between the three separate branches of government. They experienced tyranny first hand and knew how to overcome it. Let us not forget! Pray! Study! Stand firm!

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