Justice Breyer says: Salve, Caesar

[Mickey_Rat15]

Justice Breyer lays out a case for a presidential dictatorship in his dissent from SCOTUS's eviction moratorium ruling:

"There is simply no way of reading Justice Breyer’s dissent in last night’s eviction-moratorium case without arriving at the conclusion that Breyer, along with his two co-dissenters, believes that the executive branch of the federal government is permitted to do whatever the hell it wants providing that somewhere within the thicket that is the U.S. Code there exists a law that might be plausibly connected with their aim."

"The majority’s approach holds that the text of the law matters; that there are discrete and enforceable limits on the reach of each branch; that if legislators are not clear in their purpose, the tie goes to liberty; and that the courts have a role to play in maintaining the constitutional separation of powers. The dissent, by contrast, envisions a system in which the executive branch can do whatever it wants providing that Congress has (a) passed a law that is tangentially related to its action, and (b) hasn’t categorically ruled a given element out.

This decision should have been 9–0. That it was not should be a source of great shame for Breyer, Sotomayor, and Kagan — along with anyone in America who continues to enjoy their work."

https://www.nationalreview.com/corner/j ... term=first

The dissent is a great example of the results oriented jurisprudence of the current left leaning justices.

[Yukaphile]

Ugh, I got a migraine just from reading that...

[BridgeConsoleMasher]

Mickey are you like the cryptic moderate radical opposite Fuzzy's cryptic progressive radical?

[Draco Dracul]

It turns out that when millions of people are going to be evicted due to a pandemic, people with functional empathy are more concerned about people than precedent. This is especially true since as it stands the Supreme Court only has power as long as people pretend it does as judicial review is a power the court granted itself via judicial review, but more importantly the supreme court has no enforcement arm and is entirely dependent on the executive branch giving a fuck about what it thinks.

[McAvoy]

Ugh, I got a migraine just from reading that...

Well it was just three sentences in two paragraphs. Lots of lawyer speak.

[Yukaphile]

Lawyer speak is so unfun.

[Mickey_Rat15]

It turns out that when millions of people are going to be evicted due to a pandemic, people with functional empathy are more concerned about people than precedent. This is especially true since as it stands the Supreme Court only has power as long as people pretend it does as judicial review is a power the court granted itself via judicial review, but more importantly the supreme court has no enforcement arm and is entirely dependent on the executive branch giving a fuck about what it thinks.

This is why the saying about the road to Hell being paved with good intentions exists. Establishing a precedent that the government can ignore proper procedures, like law should originate in Congress, not executive fiat, will create the ability to ignore it as a matter of course.

On top of the fact that this moratorium must end because it is having bad effect on the housing market, contributing to the high prices and shortages.

[Draco Dracul]

It turns out that when millions of people are going to be evicted due to a pandemic, people with functional empathy are more concerned about people than precedent. This is especially true since as it stands the Supreme Court only has power as long as people pretend it does as judicial review is a power the court granted itself via judicial review, but more importantly the supreme court has no enforcement arm and is entirely dependent on the executive branch giving a fuck about what it thinks.

This is why the saying about the road to Hell being paved with good intentions exists. Establishing a precedent that the government can ignore proper procedures, like law should originate in Congress, not executive fiat, will create the ability to ignore it as a matter of course.

On top of the fact that this moratorium must end because it is having bad effect on the housing market, contributing to the high prices and shortages.

You way that like precedent means anything. If the president has the ear of the military all the precedent in the world isn't going to stop them from launching a self coup. Hell as we saw back in January they don't even need the ear of the military.

Additionally in of the major contributions to high prices and housing shortages is that we allow people to rent out property in the first place. Which not only contributes directly to wealth inequality, but also create incentives for moneyed interests to oppose new housing projects as shortages make them more money.