REALTOR’S REPLY IN SUPPORT OF EMERGENCY MOTION TO VACATE STAY PENDING APPEAL
INTRODUCTION
Given that the government asks this Court to ignore the views of a majority of the Supreme Court, one would expect a robust defense of the CDC’s latest extension of the eviction moratorium. Instead, its opposition offers little more than four pages of argument noteworthy only for what is left uncontested. The government does not deny that the CDC’s most recent order is merely an extension of a moratorium that a majority of the Supreme Court has already concluded is likely unlawful. It does not acknowledge, much less explain, its dramatic reversal regarding whether such an extension would be legally permissible. And it does not defend the President’s admission that this extension is unlikely to survive judicial scrutiny but would buy the government more time to distribute rental assistance.
Instead, the government urges this Court to leave the stay undisturbed merely because it did so at the start of June—before a majority of the Supreme Court made clear that the moratorium could not remain in place past July 31, before the government repeatedly announced that it lacked authority to adopt even a narrower moratorium, and before the President conceded that the CDC’s order (and this litigation) was merely a delay tactic. Nothing in the law-of-the-case doctrine compels such a manifestly unjust result.
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