I am not alone in raising red flags about the Biden Administration's conduct with respect to the eviction moratorium. (See my prior writings here, here, here, here, here, here, here, and here). Today, Lawfare published two detailed pieces about the situation. First, Jack Goldsmith wrote a post titled "The Anatomy of a Screw Up: The Biden Eviction Moratorium Saga." Second, Alan Rozenshtein wrote a post titled "Did the Justice Department Give President Biden Legal Advice on the CDC Eviction Moratorium?" Read both of the pieces carefully. Here, I'll excerpt a few highlights.
The introduction of Jack's piece captures many of my reactions to the Biden Administration's screwup:
It is hard to fathom how the experienced policy advisors and lawyers atop the Biden administration could have screwed up so badly in connection with the administration's defense of the Centers for Disease Control and Prevention (CDC) eviction moratoriums. The administration made it seem like it was acting blatantly unlawfully, when it was not. It made it seem like it needed bottom-covering arguments from law professors outside the administration when the arguments that the Justice Department of two administrations had made in defending the moratorium ban sufficed. And it made it seem like Speaker of the House Nancy Pelosi, rather than Attorney General Merrick Garland or White House Counsel Dana Remus, was directing legal decisionmaking in the Biden administration. All of this happened because the Biden administration over-reacted to a Supreme Court order that refused to halt the CDC moratorium. The administration's rule-of-law credibility is the big loser; and the Supreme Court's shadow docket the big winner.
Jack alluded to another credibility problem. OLC and the SG recognized that they had valid arguments, but didn't want to burn credibility with the Court. The Timesreported that administration lawyers felt lucky they got a reprieve from Justice Kavanaugh.
The department, and especially the Solicitor General, might have worried about credibility before the Supreme Court in light of its June 29 order, even if the order technically had no legal consequences. Or, more powerfully, the Justice Department might have worried that a likely and perhaps quick loss on the merits in the Supreme Court on a renewed eviction moratorium might limit the CDC's ability to take vital emergency action in the future. To say that the administration had legal options to renew the eviction moratorium is not at all to say that it would be a good idea to do so. The point is simply that no legal or ethical obstacle stood in the way.
Now the SG faces the worst of all worlds. I think Jack left out the most important aspect of the credibility problem. Biden said that he expected to lose, but hoped the policy would remain in place for a month so the money could be distributed. We are teetering very close to a bad faith abuse of legal process. And the Chief will not be pleased.
Finally, Goldsmith writes how these actions give the impression that DOJ "acted lawlessly.":
These revelations, in light of the earlier administration statements, made it seem like the administration had concluded that it could not lawfully renew the CDC moratorium but flipped its legal view under ferocious political pressure from Pelosi and Bush, with the assistance of cherry-picked legal advice from professors close to the administration. It seemed, in short, like the administration acted lawlessly to satisfy the fury of the left wing of the democratic party. This impression was deepened by the left's reaction to the administration's apparent flip-flop. Representative Alexandria Ocasio-Cortez, for example, described the flip-flop as "a huge victory for the power of direct action and not taking no for an answer."
Now, let's turn to Alan's piece. OLC is in a very precarious position. The Office, which is staffed by leading law professors, was simply cast aside. After all, Pelosi said "get better lawyers!" And the President threw OLC under the bus by going to law professors outside the administration:
Taking this story at face value, the obvious question is: where was the Justice Department in all of this? What was the position of the Office of Legal Counsel (OLC), which would ordinarily be the last word on high-profile, complex legal questions such as this one, or the Office of the Solicitor General and the Civil Division, which have responsibility for defending the new moratorium in court?
There are presumably three options. The first is that the Department of Justice told the White House that the CDC did not have the authority to issue a new eviction moratorium and the White House ignored that advice. The second option is that the department wasn't consulted, either because of an oversight from the White House or because the White House, suspecting that the department would return an answer it didn't want, simply didn't ask the Department of Justice. The third option is that the department was consulted, told the White House that the CDC did have this authority, and this fact has simply not been disclosed in the White House's public messaging so far. More reporting is needed on this question, but it's notable that, when Politico's Josh Gerstein asked Attorney General Merrick Garland whether the department signed off on the eviction moratorium, Garland did not answer the question.
Alan concludes:
If Pelosi really did tell Biden to "get better lawyers" and Biden responded by going outside the Department of Justice, that should set off alarms about the confidence that Biden has in the department's traditional role as the main source of legal advice and analysis for the executive branch.
There will be much more fallout from this incident. People in DC who are burned tend to talk to the press. And the Supreme Court will not quickly forget about this incident.
Read the original post:
Goldsmith: "The Anatomy of a Screw Up: The Biden Eviction Moratorium Saga" - Reason
- Here's When Grey's Anatomy Will Return In 2025 (Confirmed) - The Direct - January 23rd, 2025 [January 23rd, 2025]
- 10 Greys Anatomy Episodes to Revisit While We Wait for Season 21 to Return - Shondaland.com - January 23rd, 2025 [January 23rd, 2025]
- Charlies Beat: Learning the Anatomy of a Song - Madison Courier - January 23rd, 2025 [January 23rd, 2025]
- Anatomy of a Thriller: The Story of UMass 3OT Win Over Fordham - A10Talk - January 23rd, 2025 [January 23rd, 2025]
- Anatomy of a Wrestler: What Makes J'den Cox a Powerhouse on the Matt? - Olympics - January 23rd, 2025 [January 23rd, 2025]
- Former Grey's Anatomy writer Elisabeth Finch, who faked cancer, slammed for soliciting donations during L.A. fires - Entertainment Weekly News - January 23rd, 2025 [January 23rd, 2025]
- Bitwig Connect 4/12, audio/MIDI interface makes a bridge between software and external gear - Synth Anatomy - January 23rd, 2025 [January 23rd, 2025]
- Anatomy of a fall: How Bangladesh's local government was left crippled - The Business Standard - January 23rd, 2025 [January 23rd, 2025]
- Meredith's Grey's Anatomy Season 21 Dilemma Exposed 1 Original Character's Overlooked Flaw - Screen Rant - January 23rd, 2025 [January 23rd, 2025]
- KV331 Audio Synthmaster 3, new update 3.1.1 with drum part layer and more for NAMM 2025 - Synth Anatomy - January 23rd, 2025 [January 23rd, 2025]
- Greys Anatomy writer who faked cancer accused of new scam - NJ.com - January 23rd, 2025 [January 23rd, 2025]
- Former Grey's Anatomy writer slammed for soliciting donations during LA fires - Daily Express US - January 23rd, 2025 [January 23rd, 2025]
- Melbourne Instruments will showcase a motorized MIDI controller at NAMM 2025 - Synth Anatomy - January 23rd, 2025 [January 23rd, 2025]
- Achieve 17/20 On This Anatomy Quiz And Prove You're No Skeletal Simpleton - BuzzFeed - January 1st, 2025 [January 1st, 2025]
- Insane MRI images: How one couple redefined anatomy with science - New Zealand Herald - January 1st, 2025 [January 1st, 2025]
- Grey's Anatomy Season 21 Bringing Back 1 Forgotten Doctor Can Give A Proper Ending To An Unfair Plot - Screen Rant - January 1st, 2025 [January 1st, 2025]
- ABC's Big Thursday Night Change Hasn't Been Good For Grey's Anatomy, So What Does The Ratings Dip Mean For 2025? - CinemaBlend - January 1st, 2025 [January 1st, 2025]
- The complex anatomy of the bronchial arteries: a meta-analysis with potential implications for thoracic surgery and hemoptysis treatment - Nature.com - January 1st, 2025 [January 1st, 2025]
- Grey's Anatomy Is Throwing Back To Derek And Meredith's First Meeting To Celebrate The New Year, And I'm McDreaming Of How It All Began - CinemaBlend - January 1st, 2025 [January 1st, 2025]
- Jim Harbaugh provides anatomy lesson during preview of cold-weather New England game - Awful Announcing - January 1st, 2025 [January 1st, 2025]
- Grey's Anatomy Season 21 Nailed The Darkest Reality Of Working At Grey Sloan - Screen Rant - January 1st, 2025 [January 1st, 2025]
- Grey's Anatomy Is 1 Step Closer to Landing an Owen Hunt Replacement Thanks to a Star Who Left the Show 7 Years Ago - CBR - January 1st, 2025 [January 1st, 2025]
- 'Grey's Anatomy' Stars Share Mystery Drone Theories - Newsweek - January 1st, 2025 [January 1st, 2025]
- Yasuda's Grey's Anatomy Ending Revealed Just How Badly The Show Has Wasted 1 Major Character Return - Screen Rant - January 1st, 2025 [January 1st, 2025]
- The anatomy of a scoring run for the ages - Peachtree Hoops - January 1st, 2025 [January 1st, 2025]
- Grey's Anatomy's Biggest 2024 Exit Is The Worst I've Felt Since George's Death 15 Year Ago - Screen Rant - January 1st, 2025 [January 1st, 2025]
- 'Grey's Anatomy' Star Jesse Williams And His Ex-Wife Ordered To Mediate Their Custody Battle - Yahoo Entertainment - January 1st, 2025 [January 1st, 2025]
- Grey's Anatomy Star Addresses Potential Return Future After Quietly Exiting The Series 7 Years Ago - Screen Rant - December 23rd, 2024 [December 23rd, 2024]
- Martin Henderson Would Return To Greys Anatomy If There Is Really Clear Plan For Nathan - Deadline - December 23rd, 2024 [December 23rd, 2024]
- Anatomy of the Bank Runs in March 2023 - Liberty Street Economics - - December 23rd, 2024 [December 23rd, 2024]
- The Room Next Door | Anatomy of a Scene - The New York Times - December 23rd, 2024 [December 23rd, 2024]
- Greys Anatomy Star Adelaide Kane on Jules Heartbreak, Breaking Down Her Icy Exterior, and Whats to Come for the Rest of the Season - Shondaland.com - December 23rd, 2024 [December 23rd, 2024]
- 'Grey's Anatomy' Star Reveals Show Storyline That 'Stuck With' Her - Newsweek - December 23rd, 2024 [December 23rd, 2024]
- Greys Anatomy Cast Changes Amid Mid-Season Finale Revealed: 3 Actors Left the Show, But Multiple Stars Recently Joined! - Just Jared - December 23rd, 2024 [December 23rd, 2024]
- Anatomy Raises $19 Million Series A to Scale Their AI Healthcare Lockbox - Business Wire - December 23rd, 2024 [December 23rd, 2024]
- Virgin River Star Martin Henderson Is Open to Returning to Greys Anatomy - TV Insider - December 23rd, 2024 [December 23rd, 2024]
- Katherine Heigl handles unfiltered anatomy talk with Poise - Campaign US - December 23rd, 2024 [December 23rd, 2024]
- 'Grey's Anatomy' Star Reveals Surprising 'Rule' on Set - Newsweek - December 23rd, 2024 [December 23rd, 2024]
- Katherine Heigl references 'Grey's Anatomy' in new ad for taboo product - Newsweek - December 23rd, 2024 [December 23rd, 2024]
- Katherine Heigl cracks Greys Anatomy joke in bladder leak ad: I used to be a doctor - New York Post - December 23rd, 2024 [December 23rd, 2024]
- Virgin River Star Martin Henderson Is Open to Returning to Greys Anatomy - Black Hills Pioneer - December 23rd, 2024 [December 23rd, 2024]
- FBI recordings show the anatomy of an alleged Chinatown corruption scheme - WBEZ Chicago - December 23rd, 2024 [December 23rd, 2024]
- Anatomy of a comeback: Arkansas State rallies from 25 down to beat UAB - KSL.com - December 23rd, 2024 [December 23rd, 2024]
- Anatomy of a comeback: Arkansas State rallies from 25 down to beat UAB - News-Herald.com - December 23rd, 2024 [December 23rd, 2024]
- Virgin River Star Martin Henderson Is Open to Returning to Greys Anatomy - News-Daily.com - December 23rd, 2024 [December 23rd, 2024]
- What Happened with ISU and Bannock County Lab Money? Anatomy of a Malfeasance? - Idaho Freedom - November 28th, 2024 [November 28th, 2024]
- Midori Francis On Her Greys Anatomy Exit, The Scene That Made Her Break Character & If She Would Come Back - Deadline - November 28th, 2024 [November 28th, 2024]
- Grey's Anatomy star Kevin McKidd praises co-stars and crew for their support after the death of his father - Daily Mail - November 28th, 2024 [November 28th, 2024]
- The Ineffable Beauty of Grief on Greys Anatomy - Shondaland.com - November 28th, 2024 [November 28th, 2024]
- Mika's Emotional Grey's Anatomy Exit & Potential Future Addressed By Star" "For Mika, It Would Be Triggering" - Screen Rant - November 28th, 2024 [November 28th, 2024]
- Greys Anatomy Says a Heartbreaking Goodbye to Yasuda but Who Got Shot? - TheWrap - November 28th, 2024 [November 28th, 2024]
- The anatomy of a college football rivalry: What makes a heated feud? - FanSided - November 28th, 2024 [November 28th, 2024]
- Greys Anatomy Recap: Stayin Alive - Vulture - November 28th, 2024 [November 28th, 2024]
- 'Grey's Anatomy': Sophia Bush Returns, a Big Loss Brings New Perspective and 1 Doctor's Life Hangs in the Balance - PEOPLE - November 28th, 2024 [November 28th, 2024]
- Functional anatomy of the subthalamic nucleus and the pathophysiology of cardinal features of Parkinsons disease unraveled by focused ultrasound... - November 28th, 2024 [November 28th, 2024]
- Grey's Anatomy: Sophia Bush Returns, a Big Loss Brings New Perspective and 1 Doctor's Life Hangs in the Balance - Yahoo Entertainment - November 28th, 2024 [November 28th, 2024]
- Your Official Greys Anatomy Recap: The Mid-Season Finale! - Shondaland.com - November 28th, 2024 [November 28th, 2024]
- What Happened To Mika In Grey's Anatomy Season 21, Episode 8? Midori Francis's Exit Explained - Screen Rant - November 28th, 2024 [November 28th, 2024]
- On Set: Greys Anatomy Stars Share a Moment Theyll Never Forget - Shondaland.com - November 28th, 2024 [November 28th, 2024]
- Revealing the larval anatomy of the hoverfly Sphaerophoria rueppellii (Wiedemann, 1820) (Diptera, Syrphidae) using micro-computed tomography -... - November 28th, 2024 [November 28th, 2024]
- Jessica Capshaw and Camilla Luddington on worst 'Grey's Anatomy' guest star: 'Yelled at everyone' - Yahoo Entertainment - November 28th, 2024 [November 28th, 2024]
- Anatomy of the Browns final defensive stop in win over Steelers - cleveland.com - November 28th, 2024 [November 28th, 2024]
- Best Medical TV Shows of All Time: ER, Greys Anatomy and More - Us Weekly - November 28th, 2024 [November 28th, 2024]
- Midori Francis Would Be Delighted To Return to Greys Anatomy but For Mika Itd Be Triggering - www.autostraddle.com - November 28th, 2024 [November 28th, 2024]
- 'Grey's Anatomy' Star Says Writing for Show Was 'Bad Idea''Fit of Anxiety' - Newsweek - November 28th, 2024 [November 28th, 2024]
- This Greys Anatomy Teaser Might Have Accidentally Confirmed A Key Characters Fate - Bustle - November 28th, 2024 [November 28th, 2024]
- 'It Would Be Triggering': Grey's Anatomy Star Opens Up on Series Exit and Potential Return - CBR - November 28th, 2024 [November 28th, 2024]
- Evaluating Text-to-Image Generated Photorealistic Images of Human Anatomy - Cureus - November 28th, 2024 [November 28th, 2024]
- Ruling party lawmaker proposes a bill to address shortage of cadavers, anatomy teachers - KBR - November 28th, 2024 [November 28th, 2024]
- The Anatomy of a Downtrend: A case study of silver XAGUSD - TradingView - November 28th, 2024 [November 28th, 2024]
- Grey's Anatomy is about to take a long break (and we're not thrilled) - One Chicago Center - November 28th, 2024 [November 28th, 2024]
- 10 Perfect Episodes of Grey's Anatomy That Are Flawless From Beginning to End - CBR - November 28th, 2024 [November 28th, 2024]
- Greys Anatomy Star Jake Borelli on Levi Schmitts Exit and Almost Refusing His Coming Out Storyline: I Wasnt Ready to Talk About It on a Global Level -... - November 20th, 2024 [November 20th, 2024]
- All Of Grey's Anatomy's Chief Of Surgery, Ranked - Screen Rant - November 20th, 2024 [November 20th, 2024]
- Anatomy of a franchise-killing decision: The day the Giants chose Daniel Jones over Saquon Barkley - Yahoo Sports - November 20th, 2024 [November 20th, 2024]
- Greys Anatomy Star Jake Borelli Loved How Levis Inspiring Exit Unfolded in Season 21 - TheWrap - November 20th, 2024 [November 20th, 2024]
- The beauty of Greys Anatomy - The Central Trend - November 20th, 2024 [November 20th, 2024]
- Greys Anatomy: Jake Borelli Shares Thoughts on Returning to Medical Drama - PopCulture.com - November 20th, 2024 [November 20th, 2024]
- Jake Borelli Talks Greys Anatomy, Coming Out, and Stepping Away From His Iconic LGBTQ Role - GLAAD - November 20th, 2024 [November 20th, 2024]
- 'Grey's Anatomy': Mika's Fate Is Revealed, Schmitt Takes a Leap of Faith and Teddy Gets a Second Chance - PEOPLE - November 20th, 2024 [November 20th, 2024]