Justice Brett Kavanaugh was trying to be a nice guy. In an act of judicial gallantry, he chose to give the losing side a break.
The Alabama Association of Realtors had sued to halt the Centers for Disease Control and Prevention’s eviction moratorium on the grounds that bureaucracies don’t have the authority to write laws.
Four Supreme Court justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett — sided with the realtors.
For his part, Kavanaugh wrote on June 29, he agreed that the CDC had exceeded its authority in issuing a national eviction moratorium, but since the moratorium was scheduled to end on July 31, he decided to let the situation ride.
“Because the CDC plans to end the moratorium in only a few weeks, on July 31, and because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds,” Kavanaugh explained, he voted to allow the program to continue through July 31, for what was supposed to be the final extension.
Let’s just say Kavanaugh is unlikely to make the same mistake again.