"There is simply no way of reading Justice Breyer’s dissent in last night’s eviction-moratorium case without arriving at the conclusion that Breyer, along with his two co-dissenters, believes that the executive branch of the federal government is permitted to do whatever the hell it wants providing that somewhere within the thicket that is the U.S. Code there exists a law that might be plausibly connected with their aim.
...Justice Breyer countered: “If Congress had meant to exclude these types of measures from its broad grant of authority, it likely would have said so.”
This is an utterly astonishing way of looking at the law, which, if adopted widely, would amount to nothing less than an inversion of our written constitutional system and a recipe for exactly the sort of fused-power “tyranny” that James Madison warned us about in Federalist Papers 47 through 51...Read all!!
