[1] Because per curiam decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices.
All justices on the Court at the time the decision was handed down are assumed to have participated and concurred unless otherwise noted.
Chief Justice: John Roberts Associate Justices: Clarence Thomas, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett (confirmed Oct. 26, 2020) 592 U.S. ___ Decided November 2, 2020.
In March 2020, Congress passed the CARES Act, which was designed to provide various forms of aid to people impacted by the COVID-19 pandemic.
The administrative moratorium was originally scheduled to expire on December 31, 2020, but as part of the Consolidated Appropriations Act, 2021, Congress renewed it until January 31, 2021.
Before the new statutory deadline passed, the CDC moved again to administratively extend it - first through March, then through June, and finally through July 2021.
In May of 2021, the Alabama Association of Realtors sued, alleging that the CDC lacked the authority to extend the moratorium.
The District Court granted summary judgement in favor of the realtors, but stayed its order pending appeal.
The realtors appealed the stay in June, and the Supreme Court declined to vacate it.
Justices Thomas, Alito, Gorsuch, and Barrett noted that they would have vacated the stay, while Justice Kavanaugh wrote that due to the moratorium expiring in only a few weeks, he voted to allow the stay to continue, but that "clear and specific congressional authorization" would be required for the CDC to extend the moratorium beyond July 31.
The realtors again appealed to the Supreme Court, which vacated the stay and ended the eviction moratorium.
In it, he argued that the realtors were not as likely to succeed on the merits as the majority claimed, and thus the moratorium should have been stayed while litigation proceeded.