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August 15, 2022

So much for the Rule of Law and respect for the US Supreme Court

By Kirk Allen & John Kraft

On August 3, 2021

U.S. (ECWd) –

On June 29, 2021, the US Supreme Court issued an order limiting the CDC’s authority to issue an eviction moratorium. See order from US Supreme Court concurring opinion issued by Justice Kavanaugh, making it very clear that any extension of the eviction moratorium falls within the authority and responsibility of the US Congress–not the CDC.

“I agree with the District Court and the applicants that the Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium.”

Senior White House advisor Gene Sperling, accompanied by Jen Psaki went on national TV yesterday and told the American Public that the eviction moratorium could not be extended by the CDC given the June 29, 2021, Supreme Court directive.

So, what the hell transpired in the last 24 hours–a flip/flop like no other or slick lawyering?

Today, the CDC issued the following 9-page eviction moratorium and the CDC did so without any additional Congressional Authorization.

It appears they are hanging their hat on the fact their new moratorium is not a “nationwide” moratorium but rather a moratorium “in counties with a heightened level of community transmission.”

It appears the White House and the CDC are flaunting what the Supreme Court instructed, which was an eviction moratorium that falls within the authority and responsibility of the US Congress, not the CDC.

The question that is sure to get answered at some point is did the US Supreme Court signal a workaround in their ruling or did the CDC choose to flaunt what appears to be a clear order from the high court?

 

 

 

 

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27 Comments
  • mark misiorowski
    Posted at 19:02h, 03 August

    Dear ECW:

    Page 17 of 19 of the CDC Order sets forth harsh Federal Criminal Penalties (Jail Time and Fines) for violations under the new CDC order. Landlords, renters, the news media, and the legal community should pay close attention to that provision of the CDC Order.

    • bbbbb
      Posted at 14:52h, 04 August

      If you are a citizen then you need to learn some real history and law.Relevant caselaw and rulings would benefit you.Labor history and history of our institutions would be useful.Patriots4Truth,whateeallyhappened,dr.judywood.c,Theinformedamerican.c would be good starts.Redpilluniversity.cwhatdoesitallmean.c,AMG-News,citizenwells.c,truthbitsblog.c,Experimentalvaccines.o,medicalveritas.o,vaccineimpacts.o,vaccineconsequences.o,dr.richardfleming,dr.Cahill,Dr.Atlas,Dr.Breggins,Dr.Mercola,dr.Kauffman,Dr. Tenpenny would be good places to truly inform yourself re. Jabs.Stew Peters show had an Alberta man on the show yesterday who fought the ILLEGAL HARASSMENT AND DINES BASED ON NEVER ISOLATED FAKE COVD VIRUS AND WON REPRESENTING HIMSELF.Canada could not provide a verified ssmple of a legitimately Isolated covd virus.Wake Up sheep before you are slaughtered! Graphene Oxide is %98 of the jab,its Not a vaccine or innoculation.If you took certain jabs,you took Luciferase.Moderna admitted on its site that their covd jab is an Operating System. Regarding the court ruling:cdc is a proven corrupt,lying propaganda tool for darpa and military.They have 0 Constitutional right to alter legal contracts such as leases.You better learn and use your rights while you still have some.

  • Dennis Finegan
    Posted at 19:55h, 03 August

    Just wear a mask and get vaccinated. Case closed.

    • Kirk Allen
      Posted at 08:37h, 04 August

      We were told it was that simple a year ago. So much for that idea.

    • Lara
      Posted at 00:07h, 05 August

      No, not “case closed”. Why are Israel and Iceland locking down again when most of their population is vaccinated? It won’t stop, ever. Now we have boosters and “doomsday covid” in the works. When are you people going to realize the goal will always move?

      • Mags
        Posted at 08:23h, 08 August

        I agree. Scary times we are living in. This is not about a virus or a vaccine. The more compliance the sooner we lose what used to be a free Country.

        Need more good people and people of influence to open people’s eyes.

        Many have no idea what we could be headed for.

    • What
      Posted at 06:45h, 05 August

      I thought it was going away when Biden got elected…

  • Truth Teller
    Posted at 07:40h, 04 August

    So in other words you want millions of people around the country to become homeless. Why do Tea Partiers hate the average American?

    • Kirk Allen
      Posted at 08:38h, 04 August

      What does this have to do with “Tea Partiers”?

      • Truth Teller
        Posted at 11:37h, 05 August

        For one the Edgar County Watchdogs have alined themselves with the far right Tea Party. The Supreme Court “ruling” was an opinion written by Kavanaugh. Harvard law professor Laurence Tribe expert opinion was the CDC was its regulatory rights to reissue the moratorium on evictions.

        Land lords can apply for relief to the government to recover monies lost. There is literally millions of dollars in financial relief which Land lords can claim if the apply.

        To have millions of people in the streets with a pandemic is a recipe for that pandemic to further explode beyond its deadly claim of over 600,000. The fact that someone here thinks the pandemic is a hoax is disgraceful. The further behavior of the anti maskers hurling racial epithets and threatening violence is beyond the pale. Apparently this is what the Edgar County Watchdogs are endorsing. If so shame on you

        • Kirk Allen
          Posted at 07:37h, 08 August

          We are not aligned with any group. We published the actual written order of the court. There is no other written order. The fact one judge wrote it for the court does not mean a thing. Interesting that you rather follow an opinion of an educator than the actual court.

          Yes, they can apply for relief. The problem is states like Illinois are not providing it for reasons we still cant figure out.

          The first recipe for disaster is to open the southern border to have millions come in with as many as 25% testing positive for covid and then being sent all over the country. COVID is no hoax, nor have we ever implied it was. What is a hoax is to justify people not paying their contractual obligations because of a pandemic when you sit silent about the open border that is a national security issue far greater than just covid.

          It’s clear you have an agenda that is not about truth. We have not endorsed any of the things you point to.

          Why not demand congress come back from vacation and do their job and fix the alleged problem? Why is this not a legislature failure now that the courts have provided the direction to a fix for the alleged problem?

    • PK
      Posted at 09:50h, 04 August

      Save the drama for your mama, “Truth Teller”!

    • Dave
      Posted at 08:39h, 10 August

      Falsely accusing Tea Partiers is hate. Besides Obama said the Tea Party is dead, he used the IRS to kill them

  • Truth Teller
    Posted at 07:50h, 04 August

    You are factually wrong the Supreme Court Court declined to end the federal government’s temporary ban on evictions. You are quoting one member of the Supreme Court not the whole Court.

    • Kirk Allen
      Posted at 08:39h, 04 August

      What FACT published is wrong?

      • PK
        Posted at 09:55h, 04 August

        Clearly, “Truth Teller” suffers from mistaken identity.

        • Truth Teller
          Posted at 21:12h, 04 August

          I’m not suffering from anything. If the CDC regulation goes away, over 45 million Americans will be homeless. Millions of people will be on the streets which includes children. Apparently that what both the Supreme Court and the Edgar County Watch dogs want. And yes, I question why the Edgar County Watchdogs are so indifferent to the plight of average Americans. As for the Supreme Court one has to wonder why two Catholics think it’s fine for Americans to be on the streets.

          And the Supreme Court despite Kavanaugh’s opinion voted to keep the CDC regulation in place: https://reason.com/2021/06/30/at-least-5-justices-seem-to-think-the-cdcs-eviction-moratorium-is-illegal-scotus-left-it-in-place-anyway/

          • Kirk Allen
            Posted at 21:53h, 04 August

            While you for reasons I will never understand want to cast blame on tea parties, us, and anyone else, you are mysteriously quiet about who controls the cards in this deal. All the Democrats have to do is come back to session and pass a bill. If there are going to be homeless as you claim, it’s all on the Democrats for doing nothing to fix what you believe is broken.

            I noticed you have yet to produce a different order than the one we published. Telling!

          • PK
            Posted at 11:26h, 05 August

            Truly bizarre commentary.

    • Kirk Allen
      Posted at 17:56h, 04 August

      I welcome you to post any other ruling from the court on this matter. I’ll wait….

  • Elric
    Posted at 08:54h, 04 August

    The real flaunting of the rule of law is the fact that evictions were ever postponed in the first place. You don’t pay the rent you contractually agreed to pay, you don’t get to live in the place you agreed to pay for. If you want to sit at home feeling good about yourself because you are too afraid to go outside, that’s totally your right to do so, but be prepared to accept the consequences of your own actions.

    Personal responsibility doesn’t seem to be a thing anymore….

  • mark misiorowski
    Posted at 08:45h, 05 August

    Dear ECW:

    Earlier this week, the Governor of Arkansas (a Chief Executive) confronted an important Covid issue, similar to the challenge President Biden faced with extending the eviction moratorium. The Governor of Arkansas determined that he lacked legal authority to change state law on his own, Having determined that the Governor of Arkansas could not legally change state law on his own and out of respect for the rule of law (and co-equal branches of govt.) the Governor of Arkansas called the state Legislature back into session so they could lawfully change the law.

    The federal constitution authorizes the President of the United States to call the US Congress back into session, just like the Arkansas state constitution authorized the state governor to call his legislative branch back into session. Had President Biden relied on the US Constitution to call Congress back into session, this would have allowed Congress to pass legislation (as Justice Kavanaugh suggested in his concurring opinion) authorizing the CDC to extend the eviction moratorium. The White House and President Biden ignored this constitutional option and instead allowed the CDC to issue a new eviction moratorium. President Biden’s shortcut is a direct affront to the recent US Supreme Court Order and more importantly means that the new CDC Rule stands on extremely thin constitutional ice.

    I fully understand the political pressures the Biden White House was under to extend the eviction moratorium, but that does not mean that we should suspend or abandon constitutional norms and legal requirements….just because the White House did not want to ruffle feathers and cancel Congress 30 day SUMMER VACATIONS!

    So if blame needs a target–I think the members of Congress who left DC so they could enjoy their 30 day summer vacation despite a spike in infection rate, during a murderous pandemic (knowing full well that the CDC eviction moratorium end date was fast approaching) deserve our collective criticism.

  • Mags
    Posted at 09:06h, 05 August

    What has happened to our Country? Scary times ahead. We cannot vote our way out of this. Too many in power are brainwashed or compromised. Many keep shining the light, but no mechanism to enforce the laws and constitution.

    I have never prayed in my entire life as much as I am now. Hope the majority wake up soon, before things put in place cannot be undone.

  • Realist
    Posted at 11:05h, 05 August

    I agree with Watchdogs. Try to not pay your taxes and see what happens. This country cannot afford to keep letting this COVID rule our lives. The liberal mind continues to amaze.

  • Aaron
    Posted at 06:38h, 06 August

    The rule of law means nothing in IL. #1 is shit on. #2 is used to wipe with. Don’t forget Illinois government is defunct with no balanced budget. Wake up people

  • Mags
    Posted at 08:53h, 06 August

    Why is the CDC running our Country? With what authority? The insanity we are living in.

    We have a few dangerous people running the Country and trying to destroy us.

    Keep staying vocal and stop complying with lawlessness. The more we give in to them the more power we lose and they gain.

  • Dave
    Posted at 08:35h, 10 August

    LISTEN UP PEOPLE!

    1. Biden & CDC is NOT a law-making body.. THE US CONSTITUTION STATES:
    Article I, Section 1:

    “ALL legislative Powers herein granted shall be vested in a CONGRESS of the United States, which shall consist of a Senate and House of Representatives.”

    2. The Constitution PROHIBITS government from taking property without Due Process & Just Compensation.

    3. Justice Kavanaugh of the SCOTUS is correct when he said that CDC needed “clear specific legislation” from. CONGRESS to extend this moratorium. No one cares what the radical liberal in SCOTUS opine, their opinion is based on their worldview, not law.

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