patrick.net

Telling the highest court in the land that you are going to do something you believe is illegal doesn't usually end well.

It didn't this time.

It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened. Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination.

Yep.

And just as occurred in Kentucky the premise of a unitary executive decision got thrown in the ash-can where it belongs.

This is also a clear warning to any attempt to impose any sort of national mandate -- for a vaccine or otherwise. Yes, the CDC and the government have the authority to quarantine actual infected people. But, as the Supreme Court made clear that cannot be speculative, exactly as was the case for the eviction moratorium. That someone might have Covid-19, and might cross a state line as a consequence of being evicted does not pass the statutory test which limits authority to actual, provable harm -- not speculative risk of a future event.

Pay heed Governors, Mayors and yes, the CDC and Biden.

You lost.

Twice.

The limit of the law is clear.

Now shut the ** up and sit down.

PS: Watch the /NAD part of the forum over the next few days. The data is shifting, as expected and even Justice Breyer, who dissented, managed to through his own stupidity out what's going to happen -- because it already is. Oops.