A three-judge panel of the D.C. Circuit today declined to hear a challenge to the renewed CDC eviction moratorium. I previously discussed here why the new moratorium is an open mockery of the rule of law in general and Justice Brett Kavanaugh in particular, who trusted the Biden administration instead of entering an order closing off its fig leaf of an excuse to reinstate the moratorium after the last one expired. I also discussed here why Judge Dabney Friedrich of the federal district court in D.C. felt her hands were tied by the D.C. Circuit from doing anything about it.
Now, the D.C. Circuit has stuck to its prior decision. Five justices of the Supreme Court plainly believe that prior decision to be wrong and the new moratorium to be illegal. The challengers can ask for immediate relief from the Court — they need not take the intermediate step of asking for en banc review by the full D.C. Circuit — and might file something as soon as the end of today or Monday. Will the Court step up and do its job?
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Can you imagine Norman Schwarzkopf — to say nothing of Dwight Eisenhower or Douglas MacArthur — making this statement?
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