The Third Amendment Lawyers Association (or ÞALA, as it stylishly refers to itself*) has filed an amicus brief in the Alabama Association of Realtors® emergency petition to enforce the Supreme Court's recent order lifting the CDC's eviction moratorium. The amicus argues that the moratorium is illegal because it amounts to an unconstitutional "quartering" of troops on private property.
Plaintiffs seek to recover possession of their properties from tenants who have failed to pay their rent. Ordinarily, the eviction process would play out in the courts. The CDC eviction moratorium prevents this. And, they cannot resort to “self-help”. As a result, Plaintiffs are being forced to house individuals, i.e. quarter them, without their consent. Given the size of the population at issue, some of these tenants are bound to be soldiers. To the extent the CDC moratorium prohibits evicting a soldier, it runs afoul of the Third Amendment. (Citation omitted.)
Although I am sympathetic to the goals of ÞALA, represented by (and perhaps mostly composed of) Jay Wolman and Marc Randazza, even I find the Third Amendment argument a bit of a stretch. Any involvement of a "soldier"-as-tenant in a proscribed eviction action is likely to be coincidental. Still, I can't help but admire ÞALA's creativity. I wish ÞALA the best of luck both in raising awareness of the Third Amendment and possibly expanding its membership.
* Apparently, the "Þ" is called a "thorn" and is a vestige of the Old English alphabet. It is pronounced as a "th-" sound.
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