This is an insightful thread from @alexthechick, who is a good follow if you haven’t come across her feed before today, on what the Supreme Court did, and more importantly, didn’t do in regard to the just-extended CDC eviction moratorium.


“In less screaming news, I am livid about the quality, and lack thereof, on reporting about what SCOTUS did with the CDC eviction moratorium. Look. Procedural posture in cases can be ridiculously difficult to understand, particularly on the appellate level, but this is simple.”

“The plaintiffs won on the district court level and a stay pending appeal to the DC Circuit was granted. The DC Circuit upheld the stay. Plaintiffs filed an emergency application to vacate the stay with SCOTUS. SCOTUS denied that application. That is all that SCOTUS did.”

“There is no opinion of the court. SCOTUS never addressed the merits. Kavanaugh wrote a brief statement outlining his view and stating the Congress should act but that is not even dicta. Quite simply, there is no opinion on the merits because the merits have never gone up.”

“It is fair to read what Kavanaugh wrote and note that Thomas, Alito, Gorsuch, and Barrett would have granted the application and to read those tea leaves on how a ruling would go. But that still doesn’t mean that SCOTUS has ruled that the CDC moratorium is unconstitutional.”

“I am furious at how this is being reported because people who do not know how appellate courts work and what all of this procedure means (and boy howdy do I regret that I do know that) are being, at best, misled as to the import of what SCOTUS did. That is an abuse of trust.”

“In a victory for property rights, Kavanaugh issued an opinion that Congress must act! No. No no no no no no no. Kavanaugh let people know what the probable outcome on appeal to SCOTUS may be. But that’s it. Those who report on this have an obligation to not mislead.”

“A careful explanation doesn’t get you clicks. Analysis as to why Kavanaugh voting not to vacate the stay was arguably appropriate as timeliness is a prong doesn’t get you quoted. And thus the splashy headlines and people’s trust betrayed. I despair.”