On Wednesday, I argued that:
The Constitution tells us that the federal government makes “the supreme Law of the Land; and the Judges in every State shall be bound thereby.” Typically, this means that the courts of all sorts are obliged to follow the rules that have been set or delegated by Congress. In this case, though, those courts are not obliged to follow anything, because they’re bound only by “the supreme Law of the Land,” and because the CDC moratorium, which has no constitutional or statutory basis — and which has been rejected by the highest court in the country — isn’t a law.
I concluded:
As soon as possible, state governors, legislatures, and courts should make it clear that they intend to follow the law as set by the Supreme Court, rather than the “law” as set by the arrogations of the director of the CDC.
Per the Cincinnati Enquirer, at least one court has decided to do just that:
A moratorium on evictions imposed by the Centers for Disease Control and Prevention has no binding authority in Hamilton County, the county’s municipal court said in a statement Thursday.
The court’s judges voted on the issue, an official said.
The statement cited a July 23 ruling by the 6th U.S. Circuit Court of Appeals that said the CDC exceeded its authority by imposing a 60-day moratorium.
Hamilton County contains the city of Cincinnati, which, if you know your Roman history, makes it an absolutely perfect place to reject executive overreach.