Appeals Court Upholds Eviction Moratorium, Realtors Take it to Supreme Court

Earlier this month, the Biden administration extended an eviction moratorium it previously said would have been unconstitutional. Landlords are challenging the extension in court.


Realtors and landlords seeking to overturn President Biden’s eviction moratorium were dealt a blow when a federal appeals court rejected their request to take up the case.


reporting from the left side of the aisle


  • The Washington Post’s reporting completely ignored the perilous nature the moratorium is in once in front of the Supreme Court, notably Justice Brett Kavanaugh’s written remarks that any extension must come with Congressional approval. 
  • CNN framed the new moratorium extension with President Biden’s remarks at the time: “it will probably give some additional time” to disburse rental assistance. 
  • The New York Times reported on a similar problem in New York state in which the U.S. Supreme Court struck down a major component of New York’s eviction and rental assistance laws, “effectively voiding the moratorium.”



Author’s Take

I remember when President Obama spent months saying he did not have constitutional authority to take action on the many people in the United States in the country illegally, specifically those brought here as minors.

He took action anyway.

When the matter eventually reached the Supreme Court after the Trump administration worked to rescind the Obama-era orders, SCOTUS sided with Obama, saying the Trump administration did not go through the appropriate process to cancel the program.

There are always legal and technical aspects to events like these that are impossible to easily digest in modern media consumption. But I can’t help but think many Americans are justified in feeling it seems to be impossible for anyone to stop or limit a government program or action, even when it is deemed unconstitutional by the very people implementing it.

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© Dallas Gerber, 2021