Justice Delayed is Justice Denied

In May, a federal district court ruled that the eviction moratorium imposed by the Centers for Disease Control and Prevention (CDC) is unconstitutional. The judge stayed her injunction, which would have ended the moratorium, pending appeal. The case reached the Supreme Court in June.

In late June, four justices voted to vacate the stay. Justice Kavanaugh said that the moratorium exceeded the CDC’s existing statutory authority, i.e., is unconstitutional. But Kavanaugh voted against vacating the stay, saying that the moratorium would expire at the end of July and in the meantime more tenants would be able to receive government assistance for past rent. Kavanaugh’s words make it clear that he recognizes the injustice of the moratorium. His actions make it clear that he doesn’t care about justice.

In the days prior to expiration of the moratorium, President Biden pressured Congress to authorize an extension. When Congress failed to do so, he turned to the CDC. On August 3, the CDC extended the moratorium until October.

Biden has openly acknowledged that the moratorium is ”not likely to pass constitutional muster.” He added that by the time the case winds through the courts, more rental assistance will reach tenants. Biden’s words make it clear that he recognizes the injustice of the moratorium. His actions make it clear that he doesn’t care about justice.

Both Kavanaugh and Biden took an oath to support and defend the Constitution. Both have publicly stated that the moratorium is unconstitutional, and yet both are willing to support and defend what each has declared illegal. The rule of law is on its death bed.

Justice requires timely action. When an injustice is identified, it must be redressed immediately. To delay the implementation of justice is to deny it.  It doesn’t bode well for the country when a Supreme Court Justice and the President are willing to ignore the law and the demands of justice. That Kavanaugh is a conservative and Biden is a Leftist illustrates just how close to a dictatorship that we are.