Interested to know what the top liberal legal minds of the United States Supreme Court think about government power and your private property? First, take 10 minutes to read Justice Brett Kavanaugh’s opinion, written for the majority, in the court’s Thursday night decision to stop the ban on rental income; then spend another 10 minutes on Justice Stephen Breyer’s dissent.
Here’s a hint: The left thinks its power is so overarching as to impact nearly every citizen, so broadly interpreted as to be essentially limitless, and so singularly vested as to be checked virtually solely at the discretion of the bureaucracy itself.
“Substantially … Tailored”
The absurdity begins in the opening paragraph of Breyer’s dissent, which was joined by Justices Elena Kagan and Sonya Sotomayor. There, he lauds what he describes as the government’s limited and judicious use of its power, writing, “the [Centers for Disease Control]’s current order is substantially more tailored than its prior eviction moratorium, which