Government Watch / Politics

Supreme Court Versus White House – Battle Royal

Supreme Court

 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 FOREVERHow 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
11 days 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.

Hal
11 days ago
Reply to  Steven H

DemonRats, Libtards, Dumbocrats, DemocRats, Foreign Branch of the Chines Communists, etc….. any of those seem fitting to the current political post and prior Trump era.

Elle
12 days ago

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

Drue
13 days 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.

Hal
11 days ago
Reply to  Drue

May I suggest a possible major factor to explain your query??? In five words, “LARGE MAJORITY NEWS MEDIA BIAS.”

Charles Garretto
13 days ago

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

Karen
16 days 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
16 days 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… :~)

HocasPocas
15 days ago

Not soon enough

FedUp
16 days 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
16 days ago

Keep the high Cort political balance!!Well put.

Jorge L Rios
16 days 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.

Jake
16 days ago
Reply to  Jorge L Rios

Exactly. They want the government to be the landlord. Also the health care provider, the only lawful gun-owner and provider of “safety”, and some day the only employer.

HocasPocas
15 days ago
Reply to  Jake

I believe that the Boston Tea Party happened for the same thing that is happening now

Jeff Allen Shull
16 days 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
16 days 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.

Jim
16 days ago
Reply to  J. Shenk

Agree

John D. Beach
16 days 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
16 days 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!

Jim
16 days ago
Reply to  andrew

Agreed the construction is about te people of The USA !

Garye
16 days 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
16 days ago

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

Kashoub
16 days ago

Impeach Biden 2022

HocasPocas
15 days ago
Reply to  Kashoub

2021

R.J. from Arizona
16 days 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.

HocasPocas
15 days ago

I’m not sure that I trust the scotus either, after what they did about all the election fraud evidence. I wonder what the evil people did to all those people who signed their sworn affidavits? Hearing about what they have done to citizens who entered our capital building on January 6th and what they’ve done to Mike Lindell and the lady who was trying to help find answers to questions that the electorate had regarding votes when she flew into Lindell’s 72 hour symposium.

Jesse Tiede
16 days 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
16 days ago

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

Patty Hanson
16 days 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”.

.

Judy
16 days ago
Reply to  Patty Hanson

AMEN!

Seastar
16 days ago
Reply to  Patty Hanson

Amen and Amen

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