Publisher's Note: One of the most significant things you can do to promote Liberty is to support our mission. Please make your gift to the 2023 Year-End Campaign today. Thank you! —Mark Alexander, Publisher

August 27, 2021

SCOTUS Rebukes Biden for Eviction Ban

The justices got it right this time, slamming the CDC’s abuse of power.

A president like Joe Biden is never content with merely one constitutional offense. No, if you’re willing to shred our nation’s credibility and leave 13 American troops dead because of dereliction of duty as commander-in-chief, you’re probably not bothered by other niceties like constitutional authority for pandemic mandates.

Take the CDC’s unconstitutional eviction moratorium, for example. The Supreme Court finally struck it down in a 6-3 ruling Thursday, but how did we get here?

The offense began with Congress. As part of its initial COVID relief efforts, Congress passed a temporary moratorium on home rental evictions to protect those who had lost their jobs due to the tanking economy. Money was allocated to pay landlords on behalf of tenants. By the time the moratorium expired in July 2020, however, Donald Trump told the CDC to renew it, and it was extended multiple times by both Trump and Biden.

In June of this year, the Supreme Court got it wrong, ruling that though the CDC didn’t have the authority for the moratorium, it was nearly expired anyway and Congress had allocated money that still needed time for dispersal.

How much money? Well, The Wall Street Journal reported earlier this week that “just $4.7 billion of almost $47 billion appropriated by Congress had reached tenants and landlords through July.” Nothing like the efficiency of government.

In early August, Biden extended the moratorium again (albeit a very slightly less expansive version) despite the Court’s June ruling that Congress must do the extending, and the case naturally made it back before the justices. The CDC’s lawyers argued that the agency’s “legal authority goes all the way to getting transmission to zero.” Moreover, “Just because that’s not factually an option doesn’t mean that they don’t have the legal authority to try.”

The Biden administration assumed the power to confine people to their own homes in order to argue that landlords can’t evict them. “It would be strange to hold that the government may combat infection by prohibiting the tenant from leaving his home,” the White House brief said, “but not by prohibiting the landlord from throwing him out.”

Could there be a more unlimited view of power?

Fortunately, this time, the justices got it right.

“It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened,” the unsigned majority said. “Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”

No less a constitutional scholar than Joe Biden himself had already said upon his latest extension that “the bulk of the constitutional scholars say it’s not likely to pass constitutional muster.” It didn’t, even if more than a year too late.

Start a conversation using these share links:

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)


“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2023 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.