When the U.S. Supreme Court, on Aug. 26, ruled against President Biden’s extension of the moratorium on evictions, it sacrificed the safety and quite possibly the lives of hundreds of Americans to a legal ideology known as legal positivism or the understanding of law as justified simply because it is law, no matter its consequences.
In an eight-page unsigned decision, made with the concurrence of the six conservative justices and the dissent of the three liberal justices, the Court concluded that the Centers for Disease Control (CDC) which is responsible nationally for the public’s health, had exceeded its statutory authority by issuing the moratorium.
