Joe Biden knows that the eviction moratorium is unconstitutional. He doesn’t care. In the words of the Washington Post: “Maybe it’s illegal, but it’s worth it”
Now this places the Supreme Court in a real bind. Since 1803, SCOTUS has held that any law that is in conflict with the Constitution is void. In practice, things are a bit different. This decision by the President creates a Constitutional crisis. What the President has done here is throw down the proverbial gauntlet. The court now must do one of two things: rule that the President’s actions are unconstitutional and attempt to enforce their decision, or they must ignore the moratorium and allow it to stand. In either case, the credibility of the court is now destroyed.
The Supreme Court is so worried that they will either be ignored, or that the Democrats will pack the court, that they are doing nothing that would upset the apple cart. The decisions on Obamacare, the election, and many other divisive issues are perfect examples. The court itself is no longer effective.
My prediction is that the court will find a way to dodge the question. They are deeply afraid of the answer to two key questions: What happens if the government ignores their decisions? Are they still relevant?
This has long term implications for the Second Amendment, and indeed for the very future of this nation. Things will begin falling apart more rapidly as the weeks go on.
Weetabix · August 5, 2021 at 9:14 am
I absolutely abhor living in interesting times.
ruralcounsel · August 5, 2021 at 2:45 pm
Eventually, landlords are going to resort to “self-help” evictions that ensure there are no surviving renters to sue them. And it will be done by hiring pipe-hitters to come in at night and clean the place out. Expect an uptick in night time home invasions.
Messing with property rights like Biden’s CDC is doing is playing with fire. It will eventually corrupt and undermine the entire legal system (even worse than it already is).
joe · August 5, 2021 at 7:21 pm
i wasn’t aware we were a nation of laws…especially after witnessing the past 15 years…
TCK · August 7, 2021 at 1:58 am
“In either case, the credibility of the court is now destroyed. ”
You say that as if the treasonous filth in robes had any credibility left to begin with.
Divemedic · August 7, 2021 at 9:08 am
but they did, and still do to some extent. Up until now, the court’s decisions carried weight, and the powers that be in our government obeyed them. With this act, the executive branch has crossed the Rubicon and declared that the judicial branch is no longer coequal, nor is it relevant. This has profound implications for our form of government going forward.
We once had a system of government with three, equally important sides: the States, the people, and the Federal government. The states were made powerless in the wake of the Civil war, followed by the 17th Amendment. The Federal Government was given almost unlimited power with the adoption of the 16th Amendment. The people were removed from the process by the 2020 election shenanigans.
The Federal government itself was balanced on three legs: the Legislature, the Executive, and the Judicial. The Judicial leg was just metaphorically kicked out from under us.
What is left is a government with unlimited access to funds, run by a legislature bought by billionaires, and a senile old man who is himself bought and paid for by billionaires via ten percent “for the big guy.”
Aheinousanus · August 7, 2021 at 9:21 pm
It will get interesting when a state like Texas does something and then gets sued by the federal government.
Supreme court takes the case but Texas tells them that they lack jurisdiction like they were told that they lack standing. Then Texas just ignores the whole proceedings and any decision.
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