Judge John Campbell Barker, a Trump appointee, laid down the law in rejecting the ban on evictions issued by the Centers for Disease Control and Prevention.
The federal judge ruled, "No federal law requires that a landlord give possession of a dwelling in the first instance to a person who cannot pay rent and who would otherwise live in congregate housing. The federal order against evicting such persons is thus not supportable as a backstop to avoid undercutting such a broader regulation."
Judge Barker also said in his 21-page ruling, "Although the COVID-19 pandemic persists, so does the Constitution."
Amen.
Landlords in Texas sued the CDC in October, a month after it issued its unconstitutional and frankly communist, edict that renters don't have to pay rent. How this stops the spread of a virus was not explained.
(A reader asked, "Has anybody on God's green earth claimed that it does?" Of course not. But the CDC's mission is to prevent the spread of disease. My point is the CDC has absolutely no reason to stop evictions. It should stay in its lane.)
The judge said, "The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium. It did not do so during the deadly Spanish Flu pandemic. Nor did it invoke such a power during the exigencies of the Great Depression. The federal government has not claimed such a power at any point during our Nation's history until last year."
If you are not paying rent, you are not a renter.
You are a squatter.
Market Watch reported, "The judge opted against issuing an injunction in the case. Consumer advocates argued this means that renters are still protected by the CDC’s order. However, Barker noted that plaintiffs in the case could request an injunction in the future should the federal government not heed his decision in the case."
They should get a national injunction because the order is unlawful.
Meanwhile CNBC defended the unconstitutional order, writing, "Advocates of the ban quickly slammed the ruling, and feared it would trigger a flood of eviction filings. The winter storms that have led to massive power outages across Texas will only worsen the situation, they say."
Tell me, who is going to pay for all those busted pipes in all those apartments.
It seems to me the last thing a landlord would want to do is evict a tenant, particularly in a time when demand for housing has dropped because so many people are out of work. And yet the landlords have to pay their bills.
If you are assured you cannot be evicted, why pay rent? What do you then do with your rent money? Netflix seems to be doing brisk business.
Once again, the government intervenes in an area it does not understand.
The Constitution exists to protect us from government incompetence. God bless Judge Barker for understanding that.
"You area squatter."
ReplyDeleteWhile it's true renters take up space (and thus, area), in this case a space is what you need. ;)
Cheers
Or, in the case of the FBI, willful depraved indifference re BLAMTIFA. They had their financial data. They knew who their eaders were. THEY DID NOTHING. So now that they appear to be stepping up as the SS/Stasi of the Puppet Regime, I got some news for em: I will answer no questions, NOT allow you to enter my house without a warrant, and lawyer up immediately. And if you try to pull a Roger Stone...bring your Kevlar.
ReplyDeleteThey were wearing Kevlar when they stormed Roger Stone's house
DeleteI guess Rog was OK with doing some time. I’m not.
DeleteA friend rents middle class homes to working middle and upper-middle class people who have bad credit. He has several renters who have not missed a paycheck due to Covid but are not paying rent thanks to these orders. Tell me how that is fair. The bank can foreclose on him but they still won't be able to kick out the squatters.
ReplyDeleteI had four rental homes. Very small. Poor people generally were the tenants. During the last year I only had one horrible tenant and he was bad before Covid. Got him out in July with the encouragement of the sheriff. It was leave the county or you will have bigger problems. All other tenants have paid, as has the new one. One had some trouble as she got Covid and has two small kids. I worked with her to get over the hump.
ReplyDeleteI was lucky. I couldn’t imagine the burden landlords have with deadbeat tenants. I’ve always had the sheriff and deputies to evict without due process.
Thank heavens for that judge.
And thank heavens, I sold all of the rental units yesterday!!!
My sister is evicting our 58-year-old sibling from our father's house. It's been an eye opener. The process started in October. Our father has been in a memory care facility since August.
DeleteIt is an un-Constitutional taking under the Takings Clause. Or at least it was, until the Kelo Decision. That illegally amended the text from public use (roads or parks for example) to "public purpose" (tax revenues or bad hair day-elimination). even though Kelo was paid for her property, it was the government deciding to give one person's property to others. That's what this is, except the government isn't even paying.
ReplyDeleteIt's a good decision, but overall, the Rule of Law is dead and the Constitution has been raped by these criminals in charge.
It really is gratifying to hear that Judge Barker believes in and follows the Constitution. The problem is if or when this ruling is appealed, we have a Supreme Court does not use the Constitution in it's rulings. If the CDC appeals, they likely will be joined by the DOJ making for a swift reversal on Judge Barker. It's sad but that is where we are.
ReplyDeleteIf I was a landlord I would find the nearest CDC employee and force them to pay the rent of my deadbeat tenant. Bye ANY means necessary. It is time to use violence to force these fascists to respect our rights.
ReplyDeleteOne can expect that rental property will be slow to be repaired since the expenses, excepting repairs, will be less if there are not people living there not paying rent. And many properties will be put up for sale and not return to the rental market.
ReplyDeleteThis is part of a general rebellion against using Fauci Faux Phlegm for any kind of Leftist regimentation they can think up.
ReplyDeleteWould be interesting to see the delinquency rate BEFORE the CDC issued it's UNCONSTITUTIONAL power grab and AFTER!! Also, break that down by blue/red states and by racist whites vs virtuous others!
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