Good: Rent moratorium case is back before the Supreme Court

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Legal analysis and fact summary by Leslie McAdoo at Red State, here.

The saga of the illegal renewed eviction moratorium has returned to the Supreme Court.  On Friday, the D.C. Circuit Court of Appeals refused to lift the stay that has enabled the moratorium to remain in place since May, when D.C. District Court Judge Friedrich found it unlawful.  The circuit court’s ruling entitles the landlords to again apply for relief in the Supreme Court and they did so the same day.  Jones Day, the law firm handling the case for the landlords, anticipated the circuit would rule against them and had already prepared the papers for the Supreme Court.

It is highly likely that the Supreme Court will lift the stay, which will put an immediate stop to the moratorium.  Even President Biden has acknowledged that the moratorium will likely ultimately be found unlawful by the courts, but he imposed it anyway as an exercise in political expediency — to appease the left wing of his party and buy additional time for renters. Chief Justice Roberts is giving no aid to that cynical ploy.  He put the matter on a very fast track, directing the government to file its response to the application by noon today, August 23rd.

Go to the link for McAdoo’s full discussion.