The Supreme Court Might Strike Down Biden’s Eviction Ban. It Shouldn’t.

[David Lockmiller]

The Supreme Court Might Strike Down Biden’s Eviction Ban. It Shouldn’t.

I know the problem of this link. So, . . . here is the key point of the Guest Essay:

The justices were wrong about the earlier ban. Congress explicitly gave the C.D.C. and the secretary of health and human services authority to make and enforce regulations that they deem “necessary to prevent the introduction, transmission or spread of communicable diseases.”

It is estimated that the earlier moratorium, along with similar state moratoriums, may have prevented the eviction of up to 40 million people who were behind on rent.

Adam Winkler

Mr. Winkler, a professor of law at U.C.L.A., is the author, most recently, of “We the Corporations: How American Businesses Won Their Civil Rights.” His work has been cited in several landmark Supreme Court decisions.

They (the justices of the U.S. Supreme Court) had an obligation to articulate what was wrong with the regulation so that officials could seek other, more clearly lawful ways of preventing the spread of Covid. Instead, they left the C.D.C., charged by Congress with taking action to limit infectious disease, adrift in a sea of legal uncertainty.