Elsewhere, I have acknowledged that the initial unconstitutional order was issued under Trump. But the difference is that Biden's CDC issued the order AFTER Supreme Ct said it was illegal and AFTER he said it wouldn't pass constitutional muster https://www.nationalreview.com/corner/republicans-should-shut-down-the-senate-over-bidens-illegal-evictions-moratorium/ …https://twitter.com/JuddLegum/status/1423262099560615939 …
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Replying to @philipaklein
The Supreme Court didn't say it was illegal. They declined to strike down the initial moratorium. Kavanaugh's comments, as I assume you are aware, are dicta that have no legal force. The issue of an extension was not before the court in June.
5 replies 2 retweets 31 likes -
Replying to @JuddLegum
Take it up with Biden's sr adviser: "the President has not only kicked the tires; he has double, triple, quadruple checked. He has asked the CDC to look at whether you could even do targeted eviction moratorium...and they, as well, have been unable to find the legal authority"
1 reply 2 retweets 13 likes -
Replying to @philipaklein
That advisor was wrong. BTW, you should think about the implications of your argument. It means any Governor who signs an abortion bill more restrictive than Roe is violating their oath of office. Even more so, because Roe is an actual decision and not dicta
4 replies 2 retweets 12 likes -
Replying to @JuddLegum @philipaklein
Except they are using their legitimate state powers to campaign to change a federal decision that disregarded the Constitution's text & history. Biden knows this is unconstitutional & beyond his office's powers & will lose before a majority of the current, sitting Court.
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Replying to @baseballcrank @philipaklein
That’s your opinion and not the opinion of the court. In this case, SCOTUS has not ruled on the legality of a moratorium post July 31. It’s a basic legal concept.
1 reply 0 retweets 3 likes
The Court has not ruled. However, four Justices were prepared to, and a fifth said explicitly that he agreed with them on the law. Last I counted, that is a majority.
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