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The CDC's Eviction Moratorium - Biden's Constitutionality Gambit (VL Extra)

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1m Aug 4, 2021
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Like administrations before it, the Biden Administration has elected to push to the very edge of its executive authority...and beyond.

With the CDC's new eviction moratorium, however, even the breadth and power of the executive branch may have stumbled a bit too far, as the White House itself admitted not days before action was taken.

It's not about policy, it's about principles...in Virtual Legality.

#Biden #CDC #Moratorium


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Discussed in this episode:
"White House defends its decision not to extend the federal eviction moratorium"
CNBC News - August 2, 2021
https://www.cnbc.com/2021/08/02/white-house-defends-its-decision-not-to-extend-the-eviction-moratorium.html

"Trump gives CDC broad authority to stop evictions during pandemic"
NBC News - September 2, 2020
https://www.nbcnews.com/politics/white-house/trump-gives-cdc-authority-stop-evictions-during-pandemic-n1239038

"Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19"
Original CDC Order
https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-19654.pdf

ALABAMA ASSOCIATION OF REALTORS. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES"
Denial of Vacation of Stay - June 29, 2021
https://www.supremecourt.gov/opinions/20pdf/20a169_4f15.pdf

"TIGER LILY, LLC v UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT"
Sixth Circuit Decision - July 23, 2021
https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0166p-06.pdf

US Constitution
Article II
https://www.law.cornell.edu/constitution/articleii

"Joe Biden Speech Transcript: COVID-19 Vaccines, Says Cuomo Should Resign Following Harassment Report"
Rev - August 3, 2021
https://www.rev.com/blog/transcripts/joe-biden-speech-transcript-covid-19-vaccines-says-cuomo-should-resign-following-harassment-report

"Biden’s novel evictions defense: Maybe it’s illegal, but it’s worth it"
Washington Post - August 4, 2021
https://www.washingtonpost.com/politics/2021/08/04/bidens-novel-evictions-defense-maybe-its-illegal-its-worth-it/

"TEMPORARY HALT IN RESIDENTIAL EVICTIONS IN COMMUNITIES WITH SUBSTANTIAL OR HIGH LEVELS OF COMMUNITY TRANSMISSION OF COVID-19 TOPREVENT THE FURTHER SPREAD OF COVID-19"
New CDC Order
https://www.cdc.gov/coronavirus/2019-ncov/communication/Signed-CDC-Eviction-Order.pdf

"That’s a direct attack on the judicial branch..."
Twitter Thread - August 3, 2021 - Hoeg Law
https://twitter.com/HoegLaw/status/1422683700312035331

""...the bulk of the constitutional scholars say it’s not likely to pass constitutional muster.”"
Twitter Thread - August 4, 2021 - Hoeg Law
https://twitter.com/HoegLaw/status/1422951774730731526


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
00:00 Introduction
01:40 Trump, Executive Orders, and the CDC
04:16 SCOTUS Speaks (also...the 6th Circuit)
11:15 Biden's Choice
17:50 No Way to Run a Railroad
22:34 The Importance of Law
27:00 Conclusion

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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