As Eviction Moratorium Case Returns to SCOTUS, Landlords Use Biden’s Words Against Him
Earlier today, the D.C. Circuit declined to disturb the CDC’s eviction moratorium. (See co-blogger Jon Adler’s post). Now, the landlords have filed an emergency application to vacate the stay with the Supreme Court. Chief Justice Roberts already ordered DOJ to respond by Monday. Back in June, he gave the government seven days to respond. The Chief means business here.
This application explains how the administration bungled the extension. And it uses President Biden’s words over-and-over again. Actual words, and not just tweets!
First, the brief charges the Biden Administration with “gamesmanship,” which the D.C. Circuit approved:
In a remarkable display of candor, the President acknowledged that “[t]he bulk of the constitutional scholarship” concluded that this extension was “not likely to pass constitutional muster,” but that “by the time it gets litigated, it will probably give some additional time while we’re getting that $45 billion out to people who are, in fact, behind in the rent and don’t have the money.” The White House, Remarks by President Biden on Fighting the COVID-19 Pandemic (Aug. 3, 2021), https://bit.ly/3xszwea (August 3 Remarks). That gamesmanship has paid off so far.
Second, the brief relies heavily on Justice Kavanaugh’s balancing of the equities back in June:
Nor do the eq
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