Earlier this month, the Biden administration extended an eviction moratorium it previously said would have been unconstitutional. Landlords are challenging the extension in court.
Summary
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.
- The National Association of Realtors took the matter to court after President Biden extended an eviction moratorium he admitted likely wouldn’t pass constitutional muster.
- The petitioners argued the Biden administration did not have authority to extend the moratorium, citing a “late-June Supreme Court decision signaling” the same.
- After the rejection by the U.S. Court of Appeals, the case is heading to the Supreme Court.
- 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.”
- Before the latest ruling, OANN reported on the moratorium by quoting several small landlords who were forced to sell their properties because of the losses incurred.
- Fox Business noted Justice Kavanaugh’s warning that any further extensions will be in jeopardy without Congress’ consent and the White House’s celebration of the Appeals Court ruling.
- Townhall noted that several politicians, including Michigan Democrat Rep. Rashida Tlaib, who reaped thousands in rental income as a landlord despite calling for rent cancellation.
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
