CJ Roberts then referred it to the rest of the Court, which voted to deny it. This is one of the times when we know the actual vote break-out of an application like this because five justices told us their votes. Thomas, Alito, Gorsuch, and Barrett would grant.
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But on an application in what is now (relatively recently, too) referred to as the "shadow docket" you need five votes. Justice Kavanaugh concurs in denying the application. So that tells us that the Chief Justice, Kavanaugh, and Breyer, Sotomayor, and Kagan all said no.
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Alright. Other issue. J. Kavanaugh, concurring in the denial, writes for himself that he agrees CDC lacks statutory authority to issue the eviction moratorium. And yet he votes to allow it to remain in place through the end of July. How can this be, you might reasonably ask.
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The answer that Justice Kavanaugh points to is that to prevail on a stay application like this, generally you don't just have to demonstrate you will likely win if the case is heard, but that the balance of hardships is also in your favor.pic.twitter.com/Oxwcrq13hI
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For a conservative majority that has been pretty aggressive about pandemic-related restrictions on churches or private religious gatherings, it's a little disappointing to see the Chief and Justice Kavanaugh won't give owners of real property any love.
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Particularly when there isn't anything even nodding to a whisper of a meritorious argument that CDC has the statutory authority to just declare evictions illegal.
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Gabriel Malor Retweeted Tony! Toni! Toné! killed grandma.
Wellllll, "get away with" is doing work here. Yet to be seen if CDC gets away with it. What we know is that they will continue to get away with it *for now*.https://twitter.com/frihetviking/status/1410033204350816256 …
Gabriel Malor added,
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It'll be interesting to see if CDC's last eviction moratorium extension is truly the last one. Particularly if the delta variant, or whatever we're calling it this week, takes off over the next four weeks.
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Replying to @gabrielmalor
I sure picked the wrong year and a half to not stop paying my rent.
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Replying to @EsotericCD
This whole time I've been like "should I stop paying my student loans?"
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I'm refinancing my mortgage at a rate below the current rate of inflation, so there's that.
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