The “Eviction Moratorium” and the Constitution

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 12 August 2021

⏱️ 45 minutes

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Summary

On August 3, the Biden Administration issued an order from the Centers for Disease Control and Prevention creating a second “eviction moratorium” that extended the pause on eviction proceedings in state courts during the pandemic—sparking debate over whether such an action was legal and constitutional. Joining Jeffrey Rosen to debate those questions this week are Ilya Shapiro, vice president of the Cato Institute who’s written on this issue for Cato at Liberty, and Peter M. Shane, professor at the Ohio State University’s Moritz College of Law and author of a Washington Monthly piece about the moratorium. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome
0:07.8	to We The People, a weekly show of constitutional debate.
0:11.6	The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase
0:16.7	awareness and understanding of the Constitution among the American people.
0:21.5	The Biden administration recently extended the Center for Disease
0:25.3	Control's Moratorium on eviction proceedings. That followed a vigorous debate inside and
0:31.6	outside the administration
0:33.1	about whether or not that action was consistent
0:36.7	with federal statutes and with the Constitution.
0:39.6	On today's episode, we will explore
0:41.5	the statutory and constitutional questions
0:43.7	surrounding that debate with two of America's leading commentators on
0:48.4	presidential power and the Constitution. Ilia Shapiro is Vice President of the Cato Institute,
0:55.2	director of the Robert A. Levy Center for Constitutional Studies
0:59.0	and publisher of the Cato Supreme Court Review.
1:01.6	He has written about the eviction moratorium on the Cato at
1:05.8	Liberty blog, Eilia, it is always wonderful to have you on the show.
1:10.0	Good to be back. And Peter M. Shane is the Jacob E. Davis and Jacob E. Davis, the second chair in law
1:16.2	at the Ohio State University's Moritz College of Law.
1:19.8	He has written about the moratorium for the Washington monthly
1:22.5	and wrote a leading case book on separation of powers issues.
1:26.7	Peter, it's great to have you on the show.
	...

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