March 1, 2021
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5:38Now PlayingA Trump-appointed judge late last week struck down an eviction moratorium that was in place to help protect people who couldn't pay their rent during the pandemic. This ruling will be appealed, likely due to the absolutely ridiculous logic used by the judge to strike it down. Farron Cousins dissects the judges ruling.
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*This transcript was auto-generated. Please excuse any typos.
Late last week, a Trump appointed federal judge ruled that the eviction moratorium that is currently in place is unconstitutional because as the judge claims the federal government really doesn't have the authority to do anything about that, because this is not actually
Commerce paying somebody a certain sum of money
To live in a dwelling. So you get something in exchange for your money. According to this, Trump appointed judge is not in fact commerce and ladies and gentlemen, this is just a sampling of the absolutely insane logic of the individuals that Donald Trump put on the federal bench. People that by the way are going to be there until they choose to not be there anymore. Uh, very rare for a, uh, a judge to get removed from the bench. Unless of course, they're, they're moving up to the bench. This was a judge, John Barker of the us district court for the Eastern district of Texas shocker. There, uh, here is a, this is from common dreams. A lot of this is from the actual ruling itself, quote from the ruling. The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium. It did not do so during the deadly Spanish flu pandemic, nor did it invoke such a power during the emergencies of the great depression. The federal government has not claimed such a power at any point during our nation's history until last year, the judge wrote in his room. Okay. So I'm going to continue in a second, but so this judge is like, well, we've never done it before. So obviously we can't
Do it. So,
Okay. People, if you've never done anything before, apparently you can't do it. That is one of the most idiotic arguments that I have ever heard from a federal judge. And the worst part is folks, as I already mentioned, it's about to get a lot stupider here. It is Barker added that quote, the federal government's article one power to regulate interstate commerce and enact laws necessarily proper to that end does not include the power to impose the challenge. Eviction,
How
You see you actually have to explain that in your ruling judge, that that's part of your job body. You have to tell us why you don't just have to tell us that you have to tell us why you can't say that something is illegal. You have to say why something is illegal. You can't just quote words like well necessary and proper is in here. So I'm just going to include it in my ruling. I'm going to sound super smart with this one. I guarantee you, that is what this numbskull did.
And again, still
Gets dumber. He also challenged the idea that renting is an economic activity. Barker wrote in his ruling that although a person's residence in a property may have a commercial origin, that alone is not enough to make the regulated activity itself, economic and character. It's not economics. So you paying somebody money every month in exchange for the ability to live in a building, in a house, in an apartment, whatever it is, that's not economics. According to this idiot judge and the money that you pay, that landlord that they are then using to pay their own bills. They're using it to go out, buy goods and services, not economics.
Oh, this judge. Um,
I'm going to go ahead and say that in my opinion, this judge is an idiot. How in the hell did this person even pass law school? But again, folks, this is the kind of idiotic rulings that we get from these brain dead. Donald Trump appointed judges who now make up roughly 25% of our judiciary.
We can't undo this.
Yes, this ruling will be appealed and hopefully it'll go to a non Trump appointed judge. Somebody that actually knows what the hell they're doing. And they'll say, listen, the first judge's ruling was in fact faulty based on logic that doesn't even exist. So we have to strike down that judge's ruling. That's one of the best ways to win an appeal is to argue that this judge's ruling makes no sense. And I think, again, as long as you don't end up at another Trump appointed, judge, there'll be able to win this upon appeal. However, what does that do to all of the individuals who, Hey, it's the first of the month, again, rent is due. Something has to be done to help these people in eviction moratorium.
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