I hate being right sometimes, and this is one of those times. As I feared, Brett Kavanaugh’s cowardice in not vacating the stay on the original eviction moratorium is coming back to haunt property owners across the country.
In my previous pieces on this topic, I noted that Kavanaugh had the chance to join the conservatives, vacate the stay on the original moratorium, and do so in a way that clearly prevents any future issuance given how blatantly unconstitutional this theft of property is. Instead, perhaps in some misguided attempt to get the left to love him, the Trump-appointed justice joined the liberals, allowing the moratorium to continue and expire.
By doing so, Kavanaugh created a path for Joe Biden and the CDC to essentially game the system, bankrupting more landlords before any new challenge can make it through the courts. Biden admitted yesterday that is their plan.
Here’s what I said when this issue first came up (see Brett Kavanaugh’s Gelatinous Spine Green-Lights More Government Theft).
Yet, when Kavanaugh had the chance to join his conservative colleagues to strike this nonsense down and put in place a precedent to protect people from government tyranny, he didn’t have the spine to do it. Instead, he took the easy way out by letting the moratorium continue and expire, green-lighting the same gambit to be tried again. Yes, Kavanaugh indicated he’d rule against the CDC the next time this issue came up, but that could take months if another moratorium is put in place. By that point, the damage will have already been done, and you can bet the government won’t be writing checks to make those landlords whole.
Lo and behold, that is exactly what is happening. The DOJ is now running through the door left wide open by Kavanaugh’s decision and they are using the argument he set up for them. more