#Bestof2021: 2/2: The constitutional trouble with suspending evictions. @RichardAEpstein @HooverInst
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 3 December 2023
⏱️ 7 minutes
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https://www.hoover.org/research/eviction-moratorium-bends-both-facts-and-law1943 Dallas Morning News AP Room
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| 0:00.0 | Connie, these fairer body smart goggles are amazing. |
| 0:04.0 | They send you straight to sleep. |
| 0:05.4 | Go on, you've got to try them. |
| 0:07.0 | Really? |
| 0:08.0 | Sounds like a load of old nuts. |
| 0:10.0 | SOTONER |
| 0:10.0 | Sweet dreams. from toys to relax and gadgets this Christmas there's more to Argos. This is CBSi and the world. I'm John Bachelor. Professor Richard Epstein is here and we've been discussing the moratorium on evictions in place since March of 2020 at direction of the CDC with the explanation that by evicting people you were you |
| 0:45.8 | were spreading the pandemic or setting up conditions that could spread it. |
| 0:51.3 | However I learned from Richard what aside from the |
| 0:54.4 | ruling of a judge that is now in question about whether the state had the power to do |
| 0:58.8 | that on the basis of some very small language. There is the Chevron USA versus Natural Resources |
| 1:05.9 | Defense Council 1984. It's amazing to me Richard how this always comes back |
| 1:10.4 | when we have a demonstration of people in Washington who want to push |
| 1:16.7 | their ideas on America. They use Chevron. What is it, Richard? And does it apply in |
| 1:21.7 | this case for the CDC? |
| 1:24.0 | Well, Chevron is one of these sphinx-like documents that nobody quite understands. |
| 1:29.0 | That's a two-part formality in its simplest version. |
| 1:32.0 | One of the statute is clear, you just follow the language as a judge, |
| 1:35.8 | but two, if it's ambiguous, then what you do is you defer to the agencies |
| 1:39.9 | on questions of law. |
| 1:41.4 | This is a deviation from the standard rule that is applied when |
| 1:44.6 | there's no administrative agency which says that so-called a fresh review called |
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