Government Watch / Politics

Sobering – Biden Ignores Supreme Court

Supreme Court

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
3 months 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
3 months 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
3 months 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
3 months 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
3 months 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
3 months 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
3 months 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!

Rich
3 months ago
Reply to  Dave Smith

Well said Dave.

Liam
3 months 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.”

Last edited 3 months ago by Liam
Jerry
3 months ago

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

Wayne
3 months ago
Reply to  Jerry

It’s there to make the rest of us obey.

Linda Scheer
3 months 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.

Wayne
3 months ago
Reply to  Linda Scheer

Impeachment is a non-starter and a dead-end street. The house is controlled by democrats, so they aren’t going to impeach. Even if they did (and they won’t) it would take all 59 republican senators (including the RINOs) and 17 democrat senators to convict and remove Biden. And to what end? Do you think Kamala Harris would be any better? Forget it. Don’t waste your emotional energy wishing for a disaster that isn’t going to happen.

Clark Kent
3 months ago
Reply to  Wayne

Sleepy Joe is a disaster that did happen.

Danny Shelly
3 months ago

IMPEACH?

Bernadette Hicks
3 months ago

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

Wayne
3 months ago

Yes. It’s called the Constitution, and the democrats hate and ignore it.

Clark Kent
3 months ago

You mean the Attorney General nominated by Sleepy Joe? Sure; he will get right on it. WAKE UP!

Wakeup
3 months 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!!!

A. W.
3 months ago
Reply to  Wakeup

The big question in the room is … what are we going to do about this?

Wayne
3 months ago
Reply to  A. W.

Well, we could vote, but the left controls the vote counting, so that’s not a solution. We’re left with one option, and it’s not a good one. We can drag them out of their homes when they are on recess and hang them. That’s illegal and immoral, so I don’t recommend it. Worse yet, the same moochers and morons who voted for them would vote in more “legal” looters just as bad or worse. We could ask G0d to intervene on our behalf, but after we have, as a nation, turned our backs on Him and defied His laws, that would be presumptious and arrogant on our part.

We’re screwed.

Clark Kent
3 months ago
Reply to  Wayne

Or, we could put the Second Amendment to the purpose for which it was written. Just sayin’…

Liam
3 months ago
Reply to  Wayne

You took the words right out of my mouth, Wayne. As I mentioned in my earlier comment, John Adams said our Constitution was made only for a moral and religious people. For any other, it is wholly inadequate. Many of our government representatives are certainly not moral in my view, so as you said, WE’RE SCREWD!

Rich
3 months ago
Reply to  Liam

But at least for now, let’s NOT give up our votes. Until we see EVERY election stolen, there’s still hope. After we know the vote is totally compromised, THEN we should take a different action. Unfortunately we are running out of time.

Peg
3 months ago

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

Jerry Wilson
3 months 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.

Wayne
3 months ago
Reply to  Jerry Wilson

Citizen’s arrest? Are you going to try it?

Clark Kent
3 months ago
Reply to  Jerry Wilson

‘Someone”? Like Batman or Wonder Woman? Get real, buddy.

Jane
3 months ago

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

Tommy Molnar
3 months ago
Reply to  Jane

The “slippery slope” has been getting steeper for a long time. If nothing changes for the better in the next couple years (or shorter) to change all this, we’re just doomed.

Clark Kent
3 months ago
Reply to  Tommy Molnar

Key word is ‘shorter’. Prepare NOW for the second American Revolution, coming soon to a neighborhood near you.

Rhonda M Holub
3 months 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.

Clark Kent
3 months ago
Reply to  Rhonda M Holub

Grin and ignore! Works wonders! ‘No hablo Ingles’!

Raesheila
3 months ago

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

GeeGeeVi
3 months ago
Reply to  Raesheila

Beginning to think all Dems are O.B.’s puppets.

Clark Kent
3 months ago
Reply to  GeeGeeVi

‘Beginning”? Where have YOU been?

Jim Jolly
3 months 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.

Richard P Pierson
3 months ago
Reply to  Jim Jolly

Impeach. Period.

Clark Kent
3 months ago

Not going to happen. Period. Wake up, period.

Joan
3 months ago

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

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