Justice Kavanaugh voted with the five that upheld the CDC's right to so act, but essentially wrote a dissenting opinion, saying the CDC had exceeded its Congressional grant of authority. But he voted to keep the moratorium, for "orderly payment of rental assistance", essentially to make it more convenient to provide. . . help.
This guy. . . geez (don't get me wrong -- I like the result; it is just -- but his makes no sense), who may say which way the wind will blow Kavanaugh next? Either the CDC has the power to rein in evictions which would likely increase the spread of the pandemic, or it does not. [It plainly does.]
But perhaps afraid of a hard right backlash, he writes to say that he's making a "humanitarian" decision. Poppycock. He knows the law gives CDC very broad -- nearly plenary -- powers, in a pandemic. Here's Kavanaugh's bit:
. . .Because the CDC plans to end the moratorium in only a few weeks, on July 31, and because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds, I vote at this time to deny the application to vacate the District Court’s stay of its order. . . .
These are strange times indeed -- but this matters greatly to several of my pro bono clients, so I note it for the record. . . grinning, in spite of myself.
नमस्ते
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