Kavanaugh’s Craven Nod to the Lawless Eviction Moratorium

The Court is supposed to be the bulwark safeguarding the property rights of Americans from overbearing government action.

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Brett Kavanaugh on Capitol Hill, Sept. 27, 2018

Gabriella Demczuk/Pool via Reuters

Yeah, the government illegally took their property, but it’s just for another four weeks.

That is the only way to read Justice Brett Kavanaugh’s maddening, though mercifully brief, opinion late yesterday, in which he joined the Supreme Court’s three reliable lefties (Breyer, Sotomayor, and Kagan) and Chief Justice Machiavelli (a.k.a Roberts) in upholding the eviction moratorium. In our editorial last week, National Review called for the moratorium to be ended — which is what four conservative justices (Thomas, Alito, Gorsuch, and Barrett) believe should be done.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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