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Notes -
I don't think this is a very strong argument. Trivially, a portion of covered tenants are effectively unservable, a larger portion of covered tenants are going to be judgement proof, most state eviction systems got absolutely wrecked by the moratorium in ways that prevent a lot of newly-started evictions from actually going through in anything close to a reasonable time frame and further delay them, and being incredibly charitable and assuming that the same people who told SCOTUS about behavior "absent an
unexpected change" weren't planning around these things, they still are separately impacting those systems by other bad policies.As far as I can tell, there have been no successful cases attempting to bring damages against the government -- indeed, the unlawfulness of the moratorium was used to dismiss a suit about the damages for a taking.
And that's for a court case that ultimately decided on statutory interpretation grounds, not takings clause or due process ones. Eg, a case where the courts would have been A-OK if Congress wrote a law.
This isn't quite parallel with the mafia don that theoretically will accept appeals from those under his 'protection', but gives his made men's decisions incredible latitude even in the face of repeated bad acts, and only occasionally has them injure the representatives of even victorious appellants. But it rhymes a lot more than you'd hope.
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