The penalties are stiff, although it is unclear where the CDC got the authority to enforce a “law” Congress did not pass.
The new 60-day CDC eviction moratorium carries steep criminal penalties for individual landlords who break the law:
– Potential $100k fine and 1 year in jail if eviction doesn't result in death
– Up to $250k fine and 1 year in jail if evicted person dieshttps://t.co/d0KRACRFUy pic.twitter.com/MVnUQDJQGD— Joseph Zeballos-Roig (@josephzeballos) August 3, 2021
Congress, which is controlled by Democrats, had two months to come up with a solution after the Supreme Court determined the moratorium — issued through the executive branch — is unconstitutional.
To be clear, Democrats absolutely did NOT work tirelessly on this.
They FORGOT about the deadline (or put it off until the last day of session on purpose), failed to take action, and Biden waved a wand to extend it (until it's stopped again). https://t.co/G62CGlbeN6
— Matt Whitlock (@mattdizwhitlock) August 3, 2021
Biden admitted that "the bulk" of the constitutional experts consulted said that extending the moratorium would be unconstitutional. Yet, he indicated that he would still like to pursue it due to a couple of scholars encouraging him.
— Jonathan Turley (@JonathanTurley) August 3, 2021
And Biden also admitted his plan is to tie it up in the courts so that it gets funded in the interim:
…What was astonishing is that Biden acknowledged that it is still likely unconstitutional but that they could tie it up in courts to get the money out in the interim…
— Jonathan Turley (@JonathanTurley) August 3, 2021
“The President expressly acknowledged that they would seek a likely unconstitutional program hoping to get money out the door before the court killed the program”:
…That line would be at the start of filings in federal court to impose an injunction on the program. The President expressly acknowledged that they would seek a likely unconstitutional program hoping to get money out the door before the court killed the program.
— Jonathan Turley (@JonathanTurley) August 3, 2021
Given the ideological makeup of law school faculties, it is chilling that most of the preferred advisers to the Biden Administration admitted that this would be likely unconstitutional. It is equally unsurprising that there are a couple dismissing such constitutional concerns.
— Jonathan Turley (@JonathanTurley) August 3, 2021
…President Biden took an oath to uphold the Constitution, not to violate it when he can use the delay in any final order to get the money out the door. In so doing, he is admitting that he would be spending federal money without constitutional authority.
— Jonathan Turley (@JonathanTurley) August 3, 2021
