Analysis: Judge or Legislator?
Last week, the Supreme Court issued an order related to an eviction moratorium put in place by the United States Department of Health and Human Services (HHS) in response to the COVID-19 pandemic. The order was a technical procedural issue, and was issued amidst a number of other decisions coming from the Supreme Court, so it managed to go largely unnoticed. But the outcome—more specifically Justice Kavanaugh’s stated reasons for reaching that outcome—could be read as a sharp break from how judges are supposed to conduct their business. Download PDF