excalibur
Diamond Member
- Mar 19, 2015
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The three leftists on the Court exposed who and what they are. There is no compromise with people like that because compromise always keeps moving the ball towards their goal.
Interested to know what the top liberal legal minds of the United States Supreme Court think about government power and your private property? First, take 10 minutes to read Justice Brett Kavanaugh’s opinion, written for the majority, in the court’s Thursday night decision to stop the ban on rental income; then spend another 10 minutes on Justice Stephen Breyer’s dissent.
Here’s a hint: The left thinks its power is so overarching as to impact nearly every citizen, so broadly interpreted as to be essentially limitless, and so singularly vested as to be checked virtually solely at the discretion of the bureaucracy itself.
“Substantially … Tailored”
The absurdity begins in the opening paragraph of Breyer’s dissent, which was joined by Justices Elena Kagan and Sonya Sotomayor. There, he lauds what he describes as the government’s limited and judicious use of its power, writing, “the [Centers for Disease Control]’s current order is substantially more tailored than its prior eviction moratorium, which automatically applied nationwide.” Therefore, he reasons, there’s no reason to even consider if the CDC has any authority on the matter.
How tailored is it, though? He gets to that two paragraphs later, when he cites the number of American counties the order applies to: Ninety percent; the vast majority of the country. This, he openly admits, is the left’s idea of “substantially more tailored;” it’s right there in the open.
Limitless Authority
So where does this “tailored” power come from, exactly? According to the CDC, it comes from the Public Health Service Act, a law Congress passed in 1944 to handle outbreaks of serious disease. It reads:[/b]
What’s that got to do with banning property owners from doing business with renters? To forbid them from ejecting squatters from their land? As written, not much at all: Every one of these powers is specific to, as Kavanaugh writes, “identifying, isolating, and destroying the disease itself.”
But according to Breyer, the Public Health Act essentially says “we can kill your dog in a plague, so we also have the power to say you don’t have to work during COVID” — a broad interpretation of congressionally authorized power at best.
...
thefederalist.com
Interested to know what the top liberal legal minds of the United States Supreme Court think about government power and your private property? First, take 10 minutes to read Justice Brett Kavanaugh’s opinion, written for the majority, in the court’s Thursday night decision to stop the ban on rental income; then spend another 10 minutes on Justice Stephen Breyer’s dissent.
Here’s a hint: The left thinks its power is so overarching as to impact nearly every citizen, so broadly interpreted as to be essentially limitless, and so singularly vested as to be checked virtually solely at the discretion of the bureaucracy itself.
“Substantially … Tailored”
The absurdity begins in the opening paragraph of Breyer’s dissent, which was joined by Justices Elena Kagan and Sonya Sotomayor. There, he lauds what he describes as the government’s limited and judicious use of its power, writing, “the [Centers for Disease Control]’s current order is substantially more tailored than its prior eviction moratorium, which automatically applied nationwide.” Therefore, he reasons, there’s no reason to even consider if the CDC has any authority on the matter.
How tailored is it, though? He gets to that two paragraphs later, when he cites the number of American counties the order applies to: Ninety percent; the vast majority of the country. This, he openly admits, is the left’s idea of “substantially more tailored;” it’s right there in the open.
Limitless Authority
So where does this “tailored” power come from, exactly? According to the CDC, it comes from the Public Health Service Act, a law Congress passed in 1944 to handle outbreaks of serious disease. It reads:[/b]
What’s that got to do with banning property owners from doing business with renters? To forbid them from ejecting squatters from their land? As written, not much at all: Every one of these powers is specific to, as Kavanaugh writes, “identifying, isolating, and destroying the disease itself.”
But according to Breyer, the Public Health Act essentially says “we can kill your dog in a plague, so we also have the power to say you don’t have to work during COVID” — a broad interpretation of congressionally authorized power at best.
...
Latest SCOTUS Dissent Is A Window Into The COVID Bureaucracy's Mind
The left thinks its power is so broad as to be essentially limitless, and so singularly vested as to be checked virtually solely at its own discretion.
thefederalist.com
